분양대금반환 등 청구
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a sales contract with respect to the officetel in Nam-gu Incheon Metropolitan City, and Defendant X-gu Industrial Development Co., Ltd. (hereinafter “Defendant 1”) is the executor of the above officetel construction business, Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant 2”) is the company that was entrusted with the above officetel construction business from Defendant 1 and sold it in lots, and Defendant B is the employee of the sales agency in charge of the sales of the above officetel.
B. On November 1, 2012, the Plaintiff entered into a sales contract with Defendant B on the 19th floor of Incheon Ctel on November 1, 2012, but on November 26, 2012, upon Defendant B’s recommendation, concluded a sales contract with Defendant B to convert the object of sale into the 5th floor of the 5th floor of the 176,841,200 won of the instant officetel (hereinafter “instant officetel”).
C. Article 2(2)1 of the instant sales contract provides that “The Plaintiff may terminate this contract on its own in the event of its own circumstances. However, after the payment of intermediate payment, Defendant 2 is recognized by the company.”
The Plaintiff paid 17,684,120 won to Defendant 2 Company the down payment for the instant sales contract.
[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. Since the Plaintiff did not pay the intermediate payment under the instant sales contract, the sales contract was cancelled through the delivery of a duplicate of the instant complaint pursuant to Article 2(2)1 of the instant sales contract.
However, since Defendant 2 notified the Plaintiff of the termination of the instant sales contract, the said sales contract was terminated or cancelled by agreement between the parties.
In addition, the plaintiff entered into a sales contract prior to the introduction of the defendant B, two debentures and two debentures.