계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
In this case, the plaintiff claims that the contract amount equivalent to the claim amount should be refunded on the ground that the contract for the sale of hotel rooms concluded with the defendant was reversed, the defendant asserts that since the contracting party who sold the hotel guest rooms of this case to the plaintiff is not the defendant but the trust company that entrusted the real estate from the defendant, the defendant is not entitled to dispute, and thus the defendant is not entitled to dispute.
However, in a performance suit, the plaintiff has the standing to be the defendant, so the plaintiff's standing to be the party itself is in place of the plaintiff's assertion, and it does not require the defendant to be the actual obligor (see Supreme Court Decision 94Da14797, Jun. 14, 1994). Thus, inasmuch as the plaintiff has designated the defendant as the party to the contract of this case and claimed the return of the down payment, the defendant's principal safety defense cannot be accepted.
Basic Facts
A. On July 24, 2016, the Plaintiff entered into a contract to purchase the guest rooms of the D hotel (hereinafter “instant hotel”) constructed in Gangseo-si C branch (hereinafter “instant hotel”). The important matters of the contract related to the instant case are as follows:
(hereinafter referred to as “instant sales contract”). The indication of the subject matter: Gangwon-do (hereinafter referred to as “instant sales contract”) : D hotel E - Seller: F Co., Ltd. - the truster and the contractor - the truster - the consignor - the Defendant - the purchaser - the purchaser - the Plaintiff - the Plaintiff’s supply amount and payment method - the total supply amount of KRW 293,245,000 - the down payment method - the down payment amount of KRW 29,324,500 (the contract date, KRW 19,324,500 within 15 days from the contract date) - the intermediate payment of KRW 175,947,00 (6 times from September 2016 to December 2017) - the remaining period of at least 29,324,500 won (hereinafter referred to as “predesignated payment date”) shall be at least 14 days after the expiration of the contract.