계약금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The following facts are recognized, either there is no dispute between the parties to the facts of recognition, or in full view of the purport of the entire pleadings as to the entries in Gap evidence 1 to 5.
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation that runs real estate development business and housing construction business, etc., and Defendant C is the representative director of the above company.
B. On November 20, 201, the Plaintiff entered into a contract to purchase (hereinafter “instant sales contract”) a house of KRW 450 million (hereinafter “E 116”) located in Pyeongtaek-gun, Gyeonggi-gu, the Defendant Company constructed at the Defendant Company’s company at KRW 450 million (the contract amounting to KRW 45 million, the first intermediate payment of KRW 90 million, the second intermediate payment of KRW 135 million, the third intermediate payment of KRW 135 million, and the remainder of KRW 45 million). Article 12 of the instant sales contract provides that “it is possible to refund the down payment of KRW 1.5 million, and at the request of the buyer within two years, the Plaintiff shall purchase again from the Company.”
C. On November 21, 201, the Plaintiff transferred the down payment of KRW 45 million to the Defendant Company according to the instant sales contract.
immediately after that, the Plaintiff requested the Defendant Company to refund the down payment of KRW 45 million pursuant to Article 12 of the instant sales contract. Accordingly, the Defendant Company accepted the Plaintiff’s request for refund and promised to refund the down payment until December 30, 201, and returned the entire down payment to the Plaintiff without returning the down payment to the Plaintiff.
E. On January 25, 2012, the Defendant Company entered into a contract with E 116 E on November 20, 201 and received 4.5 million won down payment to the Plaintiff.
3. We asked us to refund the down payment and promised to refund the down payment not later than December 30, 201, but have paid 5 million won and not more than 4 million won.
4. We have requested the prior wife to refund the said down payment through E and F sale starting from the end of April 2012.
by 30 May 2012.