계약금반환
1. Of the judgment of the court of first instance, the part against the Defendants corresponding to the following amount ordered to be paid.
1. Basic facts
A. Plaintiffs B, C, and network H (hereinafter collectively referred to as “Plaintiff B, etc.”) are the parties to the dispute, and Plaintiff A are the children of the network H. The Defendants are co-owners of the Seongbuk-gu Seoul Special Metropolitan City I Forest Land, 3,074 square meters, J Forest Land, 43 square meters, and 23 square meters of K forest land (hereinafter collectively referred to as “instant real estate”).
B. On September 12, 2016, the Defendants entered into a sales contract with Plaintiff B, etc. with respect to the instant real estate with the Plaintiff B, etc. (a sales contract was written in the name of the Defendants and the network H; hereinafter “instant sales contract”) with the Defendants, and stipulated the following special terms.
Plaintiff
B, etc. paid 350,000,000 won as down payment to the Defendants on the same day.
1. The site to be sold shall be a sale and purchase key as it is in the current state;
2. The remainder of ten days shall be paid in full after the buyer acquired the contract deposit under the name of the seller.
(within 40 days from the date of the contract). 3. In the event of impossibility of permission for construction inevitable, the down payment shall be reverted to the seller.
4.If the buyer fails to pay the purchase and sale balance within 10 days from the date of obtaining the building authorization, the down payment shall revert to the seller, and this contract shall be terminated;
5. When the contract is terminated, the buyer shall not demand the seller any monetary statement under any pretext on the grounds that the cost was incurred in the process of obtaining the licence.
6.The buyer shall not, under this contract, engage in any act such as provisional disposition, provisional registration, provisional seizure, etc., on the land of the seller as set forth above.
7. The problem of the possessor of a container, such as LC, is fully known, the seller has to proceed with the order of evacuation suit with a legal judgment, and the purchaser will take the solution when any other problem arises.
C. Plaintiff B, etc. on the dispute concerning the instant sales contract on January 2, 2016