계약금반환 등
1. Defendant (Appointed Party) B, Appointed D, and Defendant C jointly with the Plaintiff at KRW 54 million and the Plaintiff on April 2013.
1. Facts of recognition;
A. On July 30, 2012, the Plaintiff, E, and F entered into a sales contract (hereinafter “instant contract”) between Defendant (Appointed Party) B, Appointed D, and Defendant C (hereinafter referred to as “Defendant B”) and Defendant C (hereinafter referred to as “Defendant”) with respect to the purchase price of KRW 540 million for G G 19,835 square meters (hereinafter referred to as “instant land”) owned by the Defendants (hereinafter referred to as “the instant land”).
At the time, the Plaintiff, etc. and the Defendants agreed to pay the remainder KRW 486 million at the same time with the delivery of documents necessary for the registration of transfer of ownership on October 24, 2012. On July 31, 2012, the Plaintiff, etc. and the Defendants paid the down payment of KRW 54 million to the Defendant B.
B. The Plaintiff et al. did not pay any balance to the Defendants even after October 24, 2012, which was the remainder date under the instant contract.
Accordingly, the Defendants entered into a new sales contract with H, etc., one of the joint buyers, with H, etc. on November 23, 2012, and completed the registration of ownership transfer on the instant land on April 9, 2013.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 7, the purport of the whole pleadings
2. Determination
A. According to the fact that the contract termination due to impossibility of performance and the duty to restore is recognized, the Defendants’ obligation to transfer ownership under the instant contract shall be deemed impossible by completing the registration of ownership transfer in the future, such as I with respect to the instant land.
In addition, the instant contract was rescinded upon delivery to the Defendants of the written application for modification of the purpose of the claim and the cause of the claim, which contains a declaration of intent to cancel the contract.
Therefore, the defendants jointly receive the down payment of 54 million won and the down payment of the plaintiff.