beta
(영문) 창원지방법원통영지원 2016.01.14 2014가단13791

계약금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of landscaping planting business, etc.

(hereinafter in this part, the plaintiff as a specific offender refers to D, the representative director of the plaintiff corporation. (B)

On August 2014, the Plaintiff became aware of Defendant C with the introduction of E residing in the North Chang-gun of North Korea.

C. On September 5, 2014, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with Defendant B, with regard to all trees (hereinafter “the instant trees”) planted in G, 484 owners of the instant four parcels of land “instant land” (hereinafter “instant four parcels of land”) among the instant land, barring any special circumstance, the Plaintiff entered into a joint and several sale contract (hereinafter “instant contract”) by setting the purchase price of KRW 7,20,00 (the contract amount of KRW 20,000,000,000,000) as KRW 7,20,000 (the contract amount of KRW 20,000,000,000,000) with Defendant B’s seller’s obligation as a joint and several surety.

On the same day, the Plaintiff paid KRW 20 million to Defendant C the down payment of the instant contract.

(F) The sum of the down payment of KRW 20 million and the intermediate fee of KRW 22 million was remitted to the Defendant C’s account. (E)

After the conclusion of the instant contract, the Plaintiff is a forest protection zone in the Forest Protection Act in which L and Defendant C share approximately 90 shares in trees on G ground, approximately 10 shares in trees on H ground, approximately 60 shares in trees on J ground, approximately 50 shares in trees on K ground, approximately 50 shares in trees on K ground, and M shares 1/2 shares in P and Q.

(F) As to approximately 60 weeks of trees on the ground, red plastic ropes was bound to the effect that the subject matter of the instant contract was the object of the instant contract.

F. Defendant C paid only KRW 10,000 out of the down payment as above to Defendant B, and the Plaintiff pointed out this, and Defendant C’s wife N in September 9, 2014, and Defendant C paid KRW 10,000,000 to Defendant B by September 13, 2014.

참조조문