계약금 및 위약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 15, 2011, Vienna Co., Ltd. (hereinafter “ Vienna”), on September 15, 201, with respect to 2002/200 of the land for factory in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, the transfer registration for ownership was completed on the ground that part of the trust property was reverted to September 15, 201, and on September 15, 201, the transfer registration for ownership was completed on the ground that the trust property was partially reverted to the non-party Co., Ltd. (hereinafter “non-Nenna”), Non-party Co., Ltd., Ltd. on September 15, 201 (the change to the name of the Non-party Co., Ltd.).
B. In the case of the Seoul Central District Court 2013Gahap43289 (Main Office) and 2014Gahap531660 (Counterclaim), LSS Grand Co., Ltd. received 3 billion won from Vient and 5% interest per annum from October 11, 2011 to the day of full payment, while receiving 41,938.5m2,02/25,398 share of 2,002,398m2 from the land for a factory in Incheon Bupyeong-gu, Incheon District Court 201 to September 15, 2011.
C. Thereafter, on June 22, 2015, the Defendant concluded a sales contract with Vient to purchase “3,306 square meters in the area where the portion of the non-NT owned land was divided” from Jentan Seo-gu B for KRW 5 billion.
In addition, on July 1, 2015, the Defendant drafted a power of delegation to D who operates C Real Estate, stating that “I, in person, delegate D the sale of land to D, approximately approximately KRW 1,000, under the contract with Vienna in Bupyeong-gu Incheon Metropolitan City, to D, the receipt of the sale price, and all the construction division.”
(hereinafter referred to as “the power of attorney of this case”).
D On November 17, 2015, the Plaintiff entered into a contract for sale (hereinafter referred to as “sale contract in this case”) with the content that “ approximately KRW 120,000,000,000,000,000,000 for the new construction of a building to be newly constructed on the ground as KRW 120,000,000 for each of the new construction amounts to KRW 120,000.
F. The plaintiff does not have to do so.