계약금반환 등
1. Defendant B and C jointly share KRW 150,00,000 with respect to the Plaintiff, as well as the year from June 1, 2014 to June 23, 2016.
1. Determination as to claims against Defendant B and C
A. On December 12, 2013, the Plaintiff et al., and one other, purchased from Defendant B and C a forest E (hereinafter “instant land”) for KRW 500,000 square meters in the purchase price of KRW 1,050,000,00,000, and entered into a sales contract with the said Defendants (hereinafter “first sales contract”).
(1) The down payment of KRW 50 million shall be paid on the date of the contract, and the intermediate payment of KRW 50 million shall be paid on January 7, 2014, and the remainder of KRW 950 million shall be paid on January 31, 2014.
(2) If the seller or the purchaser has failed to perform his obligations under the First Sale Contract of this case, the other party may give written notice to the person who has failed to perform his obligations and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be regarded as compensation for damages, unless otherwise agreed.
(3) A seller shall secure the access road without any condition of eight meters, and shall transfer all of the building permits, etc. to the name.
(4) The remainder of KRW 100 million shall be repaid out of the loans of the Ansan Agricultural Cooperative prior to the payment date of the remainder and KRW 800 million shall be paid by the purchaser after obtaining factory permission, and ownership transfer registration shall be made.
(5) The settlement of rights other than ownership shall be made until the balance is paid.
(6) address all the matters regarding the buyer’s approval of factory construction.
B) On January 10, 2014, Defendant B, C, and the Plaintiff reserved the date of intermediate payment on the following grounds: “The issue of the payment of intermediate payment stated in this Agreement is not consistent with the terms and conditions of the contract, and the seller’s right to permit the intermediate payment is not available (the right to permit the plant). If the above date is no longer available, the seller collects the down payment before the remainder payment and the buyer returns only the down payment (50 million won) to the buyer (hereinafter “instant first letter”).”
(C) The Plaintiff prepared the instant sales contract, as stipulated in the first sales contract.