계약금반환 등 청구의 소
1. The part of the first instance judgment against the Defendants shall be revoked.
2. All of the Plaintiff’s claims against the Defendants.
1. Basic facts
A. 1) The ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”)
A) Q Co., Ltd. (hereinafter “ Q”) on May 29, 2008
) A project to develop multi-family housing (hereinafter referred to as “instant project”) on the ground outside of 118 parcels in Scheon-si.
2) On the same day, Q borrowed 6 billion won from the funds to secure the above loan obligations, etc., the bank entered into a business right transfer contract (hereinafter “instant business right transfer contract”) with AS Savings Bank with the content that “(i) a contract entered into by Q with a third party in relation to the instant business and entered into with a third party, which would be derived from a contract under which Q would receive money or would be expected to acquire property rights in certain cases, and ② any other rights held by Q in relation to the implementation of the instant business.”
B. After that, AS Savings Bank extended additional loans to Q on June 23, 2009, KRW 1.5 billion, and KRW 1 billion on January 28, 2010.
C. Meanwhile, in the course of the process of purchasing real estate from April 19, 2008 to secure the instant project site, Q entered into a sales contract with Defendant I on May 19, 2008 by setting the sales price of KRW 150 million for the land and buildings on the land owned by Defendant I in the project site as KRW 150 million (hereinafter “first sales contract”), and around that time, I paid the down payment amount of KRW 15 million. ② On July 19, 2008, Q entered into a sales contract with Defendant H to determine the sales price of KRW 453 square meters and buildings on the land owned by Defendant H in the project site as KRW 230 million (hereinafter “second sales contract”), and paid the down payment to H around that time by setting the sales price of KRW 150 million (hereinafter “each of the instant sales contracts”).
Each of the sales contracts of this case shall include the following contents in the same text:
Article 4 (Promotion of Sale)