매매약정금 반환 청구의 소
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. On June 14, 2016, the Gyeonggi-do Special Metropolitan City D and 17 lots (hereinafter “instant real estate”). On the part of the Plaintiff Company A (hereinafter “Plaintiff Company”)’s representative director E was the buyer “B” and the Defendant’s seller “A” and “A” entered into a real estate development transaction agreement (hereinafter “instant sales contract”) with the content that “A” sells the instant real estate to “B”.
B. The last page “B” column of the above trading agreement includes the address, trade name, business registration number, and representative director’s name, and the corporate seal is affixed to the Plaintiff Company’s name. The name and seal of the Plaintiff B, a parent of the representative director, is affixed to the name of the E.
C. According to the instant sales contract, the total area of developed real estate can be changed according to approximately KRW 9,596, KRW 4.689,200,000 for the purchase price, or circumstances of subsequent development. The Plaintiff shall pay to the Defendant the agreed amount of KRW 200,000 for the purchase price by June 26, 2018.
On June 23, 2018, the representative director E of the Plaintiff Company remitted the contract deposit amount of KRW 50 million, which is part of the agreed amount of KRW 200 million, to the Defendant (hereinafter “instant contract deposit”). E and the Defendant extended the due date of the contract payment to July 10, 2018 through G between the buyer and the buyer broker and the seller broker.
E. E failed to pay the agreed amount to the Defendant by July 10, 2018. On July 12, 2018, upon introduction of F, etc. as a buyer’s individual, the Defendant concluded a new contract under which part of the instant real estate ( approximately KRW 7,679 square) was totaled KRW 4,345,200,000 (hereinafter “instant secondary contract”).
[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Eul's evidence 2, witness F, G's partial testimony, the purport of the whole pleadings
2. The parties' assertion
A. On July 10, 2018, the agreed payment date delayed after the Plaintiffs’ assertion entered into the instant sales contract with the Defendant.