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(영문) 수원지방법원안산지원 2015.02.10 2014가단9830

계약금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 25, 2012, the Plaintiff, from the Defendant, who entered into a land trust agreement with the Gangseo-gu Seoul Metropolitan Government and 3 lots of land C (hereinafter “instant building”), to purchase the same purchase price (10% of the contract amount, 20% of the first intermediate payment, 20% of the second intermediate payment, 20% of the third intermediate payment, 20% of the remainder payment, 20% of the remainder payment, 30% of the remainder payment), among the instant building, as follows, from among the Defendant who entered into a contract for the land trust agreement with the Plaintiff, the Plaintiff paid the down payment to the Defendant as follows.

B. The Plaintiff borrowed intermediate payments from Han Bank, Han Savings Bank, and paid the Defendant the first, second, and third intermediate payments as stipulated in the above sales contract.

C. Since then, the Plaintiff, an entrusted executor, delivered an intention to waive the down payment and cancel the said sales contract to the YA Co., Ltd., and, at the time of the instant building, the YA agreed to find a third party to succeed to the buyer’s status in the sales contract as to Nos. 514, 515, 516, and 816 among the instant building.

Therefore, on November 28, 2013, the Plaintiff entered into a contract for the resale of the sales right to transfer the status of purchaser under the sales contract as to Nos. 514, 515, and 516 among the instant building to E, and entered into an agreement for the resale of the sales right to transfer the status of purchaser under the sales contract as to No. 816 to E. 816. Meanwhile, the agreement was rescinded between the entrusted executor, Inc. and the sales contract concluded as to No. 514, 515, 516, and 816 among the instant building. Of the sales price paid by the Plaintiff, the down payment belongs to the Defendant, the trustee, pursuant to Article 3(1) and the Plaintiff, who is the seller, shall not raise any objection thereto.

The above D and E shall take over the obligations of loans for the part payments borne by the Plaintiff, and shall pay the remainder to the Defendant, and shall be paid by the Defendant each corresponding number of houses of the instant building.