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(영문) 전주지방법원 2015.07.08 2014가단3612
계약금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2013, the Plaintiff entered into a sales contract with the Defendants to purchase KRW 850,000,000 (hereinafter referred to as “instant sales contract”) for the purchase of KRW 434.69 square meters (hereinafter referred to as “the instant sales contract”) at the Yansan-gu Seoul Special Metropolitan City.

B. On the 21st of the same month, the Plaintiff prepared a contract under which the purchase price is KRW 650 million (hereinafter referred to as the “contract”), and paid the Defendants the down payment of KRW 50 million. The remainder of KRW 800 million is to be paid up to August 21, 2013, and a cash custody certificate was prepared for the difference between the purchase price and the actual purchase price (hereinafter referred to as “repaid amount”) and paid to the Defendant C.

C. On August 7, 2013, prior to the date of the remainder payment, the Plaintiff demanded Defendant B to re-establish a sales contract as the actual transaction price. However, the Defendants demanded an increase in the sales price and did not enter into a new agreement between the Plaintiff and the Defendants on the grounds that the sales price was set at an amount of less than KRW 500,000 per square meter on the grounds that the sales price was set at an amount of less than KRW

While the payment of the remainder and the transfer registration of ownership are not made after the expiration of the payment date of the instant purchase price, the Plaintiff sent text messages to the Defendant B on September 26, 2013 that “I will transfer the remainder on October 7, 2013. I will invalidate this contract. I will invalidate this contract.”

E. In order to pay the remainder on October 7, 2013, the Plaintiff and the Defendants were only located at the Jin-dong branch of the Jin-dong Bank of North Korea, but the Plaintiff demanded the re-preparation of the sales contract as the actual transaction was demanded. Accordingly, the Defendants demanded the Plaintiff to bear capital gains tax of KRW 60 million for the amount borrowed, and eventually agreed upon. The Plaintiff returned to the Plaintiff without paying the remainder.

F. After October 15, 2013, the Plaintiff proves that the Defendants shall cancel or nullify the instant sales contract due to the non-performance refusal by each other party on the 24th of the same month.

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