계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. As to the one real estate listed in the separate sheet (hereinafter “one real estate”), on February 28, 2003, the registration of ownership transfer was completed under the name of the defendant on February 25, 2003 under the name of the defendant on February 25, 2003, and as to the two real estate listed in the same list (hereinafter “2 real estate”), the registration of ownership transfer was completed on September 17, 2003 under the name of E and the defendant on September 15, 2003 under the name of E and the name of the defendant on September 15, 2003.
(2) Of the defendant's shares in real estate, 562/3,736 shares were transferred to F on January 15, 2004.
On July 21, 2015, the Plaintiff drafted a provisional contract on real estate 1 and 2 with the Defendant for a contract amounting to KRW 10 million (in the event of non-construction, refund should be made). Around that time, the Plaintiff paid KRW 10 million to the Defendant.
C. On May 19, 2016, the Defendant prepared a letter stating that “If he disposes of shares (1,306/3,736 shares) and one real estate (hereinafter referred to as “instant real estate”) among the two real estate, he/she shall pay KRW 200 million to G (No. 13, hereinafter referred to as “each of the instant real estate”).” (No. 13, hereinafter referred to as “each of the instant real estate”).
After October 25, 2016, the provisional attachment registration of G was completed with the claimed amount of KRW 200 million according to the decision of provisional attachment by the Incheon District Court 2016Kadan30268 on October 25, 2016.
On September 30, 2016, C, which was the owner of 3 real estate listed in the separate sheet (hereinafter referred to as “instant road”), which is a road adjacent to the said real estate as a franchise, provided a letter of consent to the use of the instant road to the original and the Defendant in relation to the issue of building permission, etc.
After January 9, 2017, the registration of transfer of ownership was completed on the road in this case due to sale under H's name.
E. On November 10, 2016, the Plaintiff is a sales contract with the Defendant for the instant real estate with a price of KRW 1.68 billion (a contract amount of KRW 1.68 billion). However, the Defendant is a sales contract with regard to the instant real estate.