계약금 등 반환청구
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Conclusion of a sales contract and payment of the down payment;
A. The Defendants, as joint business operators, owned the real estate listed in paragraph (6) of [Attachment 1] list in [Attachment 1] and paragraph (5) of [Attachment 1] in the name of Defendant B and C, while operating the real estate development business as joint business operators.
(hereinafter referred to as "each real estate listed in the list of real estate in attached Table 1"). (b)
On December 9, 2016, the Plaintiff concluded a sales contract with the Defendants to purchase KRW 4,00,000,000 in total for the instant real estate (hereinafter “instant sales contract”), paid the down payment of KRW 70,000 on the day, and agreed to pay KRW 2,941,50,000 for intermediate payment of KRW 2,941,50,000 on April 20, 2017, and the remainder of KRW 988,50,000 on May 20, 2017.
At the time, the establishment registration of a neighboring mortgage was completed, such as the attached Table 2, with regard to the instant real estate, but the intermediate payment was first set at KRW 2,941,50,000, which is the sum of the maximum debt amount of the said right to collateral security, and the Plaintiff, instead of paying the intermediate payment, agreed between the parties to pay the remainder and settle the remainder.
[Ground of recognition] Unsatisfy, Gap 1-3 evidence, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is based on the following grounds. The Plaintiff sought payment of KRW 140,00,000 against the Defendants.
In other words, since the date of conclusion of the sales contract of this case, F's voluntary decision on commencement of auction of this case was registered, the registration of seizure at both countries, and the registration of provisional seizure of G, and the Defendants' obligation to transfer ownership registration was impossible, the Plaintiff cancelled the sales contract of this case by delivery of the duplicate of the complaint of this case.
Therefore, the Defendants are jointly and severally obligated to return 70,000,000 won as down payment to the Plaintiff and pay 70,000,000 won as the estimated amount of damages under the agreement of penalty for breach of contract.
2.3.