계약금반환등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 22, 2017, the Plaintiff (Buyer) concluded the instant sales contract with Defendant B with respect to the land and ground buildings Gangdong-gu Seoul, Gangdong-gu, Seoul.
The Defendant C (the seller) and D (the buyer) jointly arranged the instant sales contract as a licensed real estate agent.
The sales contract of this case
2. Sales proceeds: 1.250 million won - 100 million won - intermediate payments: 200 million won (payment and receipt at the time of a contract): - Any balance of KRW 560 million (payment on May 15, 2017): - Loans of KRW 560 million (payment on June 8, 2017): Article 5 [Cancellation of a contract]: Before a buyer pays an intermediate payment (on the present hand), the seller shall reimburse the remainder of the down payment, and the buyer may rescind this contract by waiver of the down payment, and the buyer may rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.
Special agreement - The sale contract after the on-site verification is made under the present facilities - The registered collateral security will be succeeded to on the balance date.
- The current lease deposit out of the purchase price shall be deducted from any balance, and the current lease contract shall be succeeded to by the purchaser.
- The maximum debt amount of the collateral shall be settled and succeeded to.
B. The Plaintiff responded to the FF association, a collateral security right holder for the instant real estate, that it is impossible to succeed to the collateral security obligation, and sought a new loan from GF association (hereinafter “G association”) to pay the remainder. In light of the loan process, the Plaintiff demanded a copy of the lease agreement of the lessee of the instant building.
However, the defendant B is the defendant.