계약금반환 등
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
1. Basic facts
A. On December 27, 2013, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) with the Defendants to purchase a multi-family house (hereinafter “instant building”) constructed by the Defendants in South-gu, Nam-gu, 201.8 square meters and its ground on the port owned by the Defendants, and entered into a special agreement with the following terms:
Special Agreement Matters:
1. The change in the name of the owner shall be made when paying the balance of down payment;
(Provided, That the buyer shall, prior to the registration of preservation and the remainder, promise that he does not have any equity and ownership interest in the building, and shall prepare this contract);
Any balance shall be the remaining amount excluding loans and deposits, and the seller shall pay the balance in accordance with the list of the current status of each item distributed, and the security deposit shall be collected.
3. The seller shall provide a basic option (e.g., air-containers, gas sirens, etc.) to the main generation and the room room, and the remaining generation shall provide a pool option (32TV, air-conditioning, laundry (10K).
B. On January 9, 2014, the Plaintiff paid KRW 20 million, out of the down payment amount of KRW 50 million stipulated in the instant sales contract, to each of the Defendants on the date of the contract, and KRW 25 million. The remaining down payment amount of KRW 5 million was to be paid together at the time of payment of the remainder after obtaining an understanding from the Defendants, and was transferred in the name of the owner of the instant building.
C. The instant building was completed on March 10, 2014, and on April 18, 2014, registration of preservation of ownership in the Plaintiff’s name was completed. D.
The Defendants filed a lawsuit against the Plaintiff for the implementation of the procedure for ownership transfer registration of the instant building against the Daegu District Court Branching District Court Branching 2014Kadan3175. On July 4, 2014, the said court rendered the said court on December 27, 2013 with respect to each of the shares of 1/2 of the instant building to the Defendants.