계약금반환 등
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
A. On March 23, 2012, the Defendant received a decision to commence rehabilitation as the Suwon District Court 2012dan15.
On April 21, 2013, the Plaintiff: (a) KRW 1.5 billion (the contractual amount of KRW 300 million, the first instance co-defendant, the first instance court, the first instance court, the first priority collective security (hereinafter “ABS”) on each of the instant real property; (b) the Defendant’s each of the instant real property, as indicated in the separate sheet (hereinafter “each of the instant real property”).
(1) The sales agreement provides that “The sales agreement in this case shall be paid at the time of the consent to the sale, and the remaining KRW 1.2 billion shall be paid in accordance with the court’s decision to permit the sale of the rehabilitation procedure (hereinafter “instant sales agreement”).” Article 4 of the said sales agreement provides that “The seller’s justifiable reason or the court’s refusal to sell this contract, and the time of default upon the consent of the secured party shall immediately return the down payment and terminate this
B. On April 26, 2013 and February 29, 2013, the Plaintiff paid a sum of KRW 300 million to the Defendant as down payment.
C. However, on May 2, 2013, rehabilitation procedures for the Defendant were abolished.
On May 10, 2013, the Defendant completed the registration of each transfer of ownership on the ground of the reservation to sell each of the instant real estate to the Plaintiff on April 21, 2013.
In addition, around July 11, 2013, the Defendant issued to the Plaintiff all necessary documents for the registration of transfer of ownership via C, and at the time C issued a written confirmation to the Defendant that “it is confirmed that all necessary documents for the registration of transfer of ownership to each of the instant real estate will not be processed voluntarily even if delegated to the D judicial scrivener.”
(hereinafter referred to as the “instant confirmation”). (e)
On July 12, 2013, the Plaintiff paid KRW 100 million to the Defendant. On August 23, 2013, the Plaintiff completed each registration of ownership transfer based on the above provisional registration with respect to each of the instant real estate by using the above documents received from the Defendant on August 23, 2013.
at the time;