계약금 반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The status C Co., Ltd. (hereinafter referred to as the “C”) is a company that has carried out a project for new construction and sale of main complex apartment on the land outside Jongno-gu Seoul Metropolitan Government and outside 95 lots (hereinafter referred to as the “instant project”). The E Co., Ltd. (hereinafter referred to as the “E”) concluded a sales contract on part of the site in the project implementation district, but transferred the buyer’s status on June 30, 2006 and all rights related to the instant project to C. The Defendants are the owners of Jongno-gu Seoul Metropolitan Government F (hereinafter referred to as the “instant land”).
Around October 26, 2005, the Defendants concluded a sales contract with E (hereinafter “instant sales contract”) with the following terms and conditions.
According to the above sales contract, E shall pay the defendants the purchase price of KRW 10 million on October 27, 2005, and KRW 436,539,000 on January 26, 2006 to the seller and buyer as follows by agreement:
The seller under Article 2 (Payment, etc. on May 30, 2006) of the balance of the purchase price of KRW 4,455,390,000 (90%) 4,009,851,00 (payment, etc. on May 30, 2006) is to transfer all documents necessary for the transfer of ownership to the purchaser at the time of receiving the balance of the purchase price and to complete the sale and purchase real estate order. The delivery date of the said real estate shall be the balance
(Cancellation of Contract) Article 5 (Cancellation of Contract) The buyer shall not leak the contents of the real estate sales contract to the seller until the buyer pays the down payment to the seller, and the seller shall reimburse a double of the down payment at the time of the buyer's default, and the buyer may waive the down payment and terminate the contract at the time of the contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may terminate the contract by giving written notice to the person who has defaulted on the contract and the other party.
b) the Commission;