계약금반환 등
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 19, 2015, the Plaintiff and the Defendants sold to the Plaintiff KRW 465,000,000 for the amount of KRW 165,000,000,000 for each of the instant real estate, the Defendants jointly own 1/2 shares, and KRW 1653,000,000 for the remainder of KRW 55,000,000,000 for the remainder of KRW 410,000,000 for the remainder of the contract. The Defendant concluded a sales contract with the intent to terminate the remainder of the maximum debt amount of KRW 136,50,00,000 for the collateral security established on the instant real estate until the payment of the remainder is made.
On the same day, the Plaintiff paid 5,000,000 won as down payment to the Defendants.
B. Meanwhile, at the time of the instant sales contract, Defendant B was present in the seller’s side, and Plaintiff G and Nonparty H (one person I; hereinafter “I”) were present in the buyer’s side, and J was present in the broker.
I introduced the instant real estate to K director of K Co., Ltd., an agricultural company that has been engaged in business relations with the Plaintiff for a period of 20 years, and participated in the instant sales contract on the grounds that the buyer column of the sales contract of this case included his mobile phone numbers in the purchaser column of the sales contract of this case.
C. However, as the Plaintiff failed to prepare any balance by July 20, 2015, which is the remainder payment date, the Plaintiff asked the Defendants to extend the due date through I and J as an intermediary.
The Defendants accepted this and extended the payment date on July 30, 2015. D.
However, the Plaintiff failed to prepare a balance on July 30, 2015, and requested the Defendants to extend the due date.
E. On the same day, I had the Plaintiff’s corporate sense and agreed on July 2, 2015 and July 30, 2015, which was the first remainder of the payment date due to the buyer’s circumstances, to perform the promise not later than August 7, 2015 due to the buyer’s default until August 7, 2015. If the buyer fails to perform the promise, the buyer waives the down payment without any condition and the seller disposes of it at his/her own discretion.