기타(금전)
1. The plaintiff's appeal and the plaintiff's successor's claim are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. Basic facts
A. On July 10, 2015, the Plaintiff and the Defendant newly constructed a tenement house (hereinafter “instant apartment house”) in accordance with the construction permit granted by the Defendant on the F and G land owned by the Defendant, and entered into a “H Ri apartment house project agreement” with the Defendant to pay the Defendant a house with five households as compensation for the land by February 28, 2016.
B. In the above contract, the Plaintiff deposited KRW 50 million to the Defendant, but if the Plaintiff is unable to pay the said five households to the Defendant at the time of payment, the Plaintiff decided to deduct the penalty for delay of KRW 2.2 million per day from the above deposit. On October 26, 2015, the Plaintiff remitted the deposit deposit amount of KRW 50 million under the above contract (hereinafter “instant deposit”) to the Defendant.
C. However, the Plaintiff was unable to run the above business due to its circumstances, and C Co., Ltd (hereinafter “Nonindicted Company”) continued to run the above business instead of the Plaintiff.
Accordingly, as of April 10, 2016, the Plaintiff, the Defendant, and the Nonparty Company decided to refund KRW 50 million deposited by the Plaintiff to “after the Defendant received five row houses from the Nonparty Company in kind (No. 2-2)” or “after the completion of the instant apartment project (No. 4 and No. 1-2).”
(hereinafter “instant return agreement”). D.
The non-party company obtained approval for the use of the instant multi-family housing on May 30, 2017, and completed the registration of ownership transfer in the name of the non-party company on June 9, 2017, and completed the registration of ownership transfer in the name of the D corporation on the same unsold housing unit on the same day as of May 31, 2017.
E. The Defendant filed a lawsuit against the non-party company seeking the payment of the liquidated damages for delay caused by the registration of ownership transfer and the delay in the performance of the obligation to transfer ownership of five households among the apartment units of this case at the Jeju District Court.
The first instance court (Case No. 2018, 10490) of the above lawsuit shall be July 18, 2019.