계약금반환 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff was a representative member of a limited partnership D (hereinafter “D”).
The Defendant and E owned 1/2 shares of 4,264 square meters of forest C (hereinafter “instant forest”) in Gangseo-si, Gangnam-si, and the Defendant owned a building of 550 square meters and its ground (hereinafter “instant land and building”).
B. On May 18, 2005, D purchased the forest land of this case from Defendant and E in the purchase price of KRW 540 million (hereinafter “the instant trade agreement”). Upon purchasing the instant land and building from the Defendant in the purchase price of KRW 200 million, D written an agreement on real estate trade, and the main contents are as follows.
Article 2 In the sale of the above real estate, the buyer shall pay the purchase price as follows:
10% of the down payment shall be paid pursuant to Article 3, and the balance 90% shall be paid to the seller's account within 60 days after the buyer's completion of the district unit plan.
The time to pay the down payment under Article 3 shall be paid in the account of the seller within two days from the date when the agreement on the purchase and sale of real estate required by the purchaser is prepared by 100%.
Article 8 The seller shall deliver all documents (the name of the purchaser or a person designated by the purchaser) necessary for ownership (registration) at the time of receipt of any balance, and actively implement the registration of transfer of ownership.
Article 9 In the case of receiving down payment and intermediate payment, the seller shall renew the sales contract with the same content in accordance with this Agreement.
Article 10 The effective term of this Agreement shall be December 31, 2005, and shall be null and void thereafter.
Seller’s Account: Nonghyup, Account Number G, and Account Holder Defendant (hereinafter “instant Account”).
C. On June 23, 2005, the Plaintiff deposited the passbook amounting to KRW 114 million (= KRW 54 million) on two occasions on two occasions (i.e., KRW 60 million).
The defendant on March 6, 2006 pertaining to the site and building of this case for sale on February 14, 2006 to H.