계약금 반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 18, 2018, the Plaintiff and the Defendant concluded a contract for acquisition of business rights with the purport that the Defendant transferred to the Plaintiff the business rights of the business that newly constructs officetels on the ground (hereinafter “instant business rights”) on the land including Gangdong-gu Seoul Metropolitan Government and 11 lots (hereinafter the above 12 parcels referred to as “instant site,” and the individual land is specified only as “C land”; and the Plaintiff shall pay the acquisition price to the Defendant KRW 500 million.
(hereinafter referred to as "the contract of this case"). The parts relating to this case in the above contract are as follows:
1. As to the above real estate display business right, the defendant transferred his status to the plaintiff, and the plaintiff will proceed with his business under the responsibility of the plaintiff according to the buyer's status transferred from the defendant.
When transferring the status of a purchaser, the defendant shall provide the plaintiff with a copy of the authentic copy of the contract concluded up to the present date among 12 parcels of the entire land.
2. As to the above real estate display business right, the plaintiff should pay KRW 500 million to the defendant in return for the transfer of the defendant's status as purchaser from the defendant.
Provided, That as of the date of the agreement, the defendant shall receive 50 million won as the down payment from the plaintiff, and the balance of 450 million won shall be paid at the time when the plaintiff pays the down payment for the entire land (land).
4. Within 60 days from the date of this Agreement, the Plaintiff shall set forth the time limit for concluding the sales contract for the entire land (12 parcels).
Provided, That if it is impossible to conclude a contract on the ground that the above time limit is not set within 60 days, the plaintiff shall divide 50% of the plaintiff's share into 50:50 and shall exercise the joint representative authority.
5. The time for exercising the Defendant’s joint representative right under paragraph 4 is at the time when the contract for the remainder of the entire parcel (12 parcels) between the Plaintiff and the landowner is concluded, the Plaintiff is worth KRW 450,000,000.