계약금반환 청구의 소
1. Revocation of the judgment of the first instance, and all of the plaintiff's main and conjunctive claims are dismissed;
2...
1. The reasons for the court's explanation on this part of the facts of recognition are as stated in the corresponding part of the judgment of the first instance except for the use of the evidence Nos. 13 and the witness Nos. 16 through 11 in the 3rd page 19 [Grounds for Recognition], and the use of the evidence No. 13 and the witness No. 16 to No. 31 in the 2nd page 19 are as stated in the corresponding part of the judgment of the first instance. Thus, it shall be cited in accordance
【C. The part of the instant apartment building on May 4, 2007 between the Plaintiff who represented by B and the Defendant was sold at KRW 255.6 million, and the down payment was made at the time of the contract, and the remainder KRW 5.12 million was paid at the time of the contract, and the sales contract (Evidence A2) was made to be paid at KRW 2.48 million on August 3, 2007, and the down payment was paid at KRW 5.12 million on the same day (hereinafter “instant sales contract”).
B) On the same day, B borrowed the Plaintiff with a view to appropriating the down payment and the remainder of the sales contract in this case. Of them, KRW 50 million was deducted from the progress payment of the said subcontracted project, etc., and the remainder KRW 17 million was prepared with a loan certificate (Evidence A6) stating that the Plaintiff would separately prepare a loan certificate at the time of completion of the deduction of the completion payment. D) After June 28, 2007, with respect to the apartment of this case as to the right to claim the cancellation registration due to the invalidation of the sales contract as the preserved bond, the registration of the provisional disposition was completed on October 1, 2007, and the Plaintiff cancelled the sales contract under the agreement with the Defendant on Korea Construction on October 1, 207 due to the above provisional disposition registration, and thus, the Plaintiff sent the “written request for the refund of the down payment of the down payment in lots,” stating that the down payment was returned to C’s account and a copy of the certificate of personal seal impression attached.”
2. The assertion and judgment
A. The plaintiff's assertion is primarily the party to the sales contract of this case.