계약금 반환
1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. The Defendants each amounting to KRW 60,000,000 to the Plaintiff.
1. Basic facts
A. Defendant B prepared a real estate sale and purchase declaration (hereinafter “instant declaration”) stating that, as the sales contract concluded with a third party with regard to the instant forest was terminated, Defendant B, a mutual savings bank on the day preceding the date of ownership of 2/3 equity shares in D forest land (hereinafter “the instant forest”) among the forest land divided into D forest land and D 50,712 square meters (hereinafter “the instant forest land”).
B. 1) On September 9, 2004, Defendant C and the Plaintiff filed a down payment of KRW 200 million (hereinafter “instant down payment”) with Defendant C for the purchase price of the instant forest.
A) The sales contract stating that an intermediate payment of KRW 400 million and a balance of KRW 1.4 billion will be purchased for KRW 2 billion (hereinafter “instant sales contract”).
2) Defendant C, on the same day, prepared a receipt to the Plaintiff that received KRW 200 million of the down payment (hereinafter “instant receipt”).
C. As to the instant forest land, the registration of ownership transfer was completed on October 13, 2004 under the name of F and G on October 13, 2004.
On November 8, 2004, Defendant B promised to deposit KRW 140 million with the Plaintiff’s Han Bank account (hereinafter “instant confirmation document”) before November 19, 2004, and Defendant C promised to deposit KRW 60 million with the Plaintiff’s Han Bank account before November 19, 2004 (hereinafter “each of the instant documents”). Each of them was drawn up and drawn up a letter of promise to deposit KRW 60 million with the Plaintiff’s Han Bank account (hereinafter “each of the instant documents”).
[Grounds for recognition] The written evidence Nos. 1 through 6, the result of the Plaintiff’s personal examination, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s primary cause of claim A) delegated the Defendants to enter into a sales contract for the instant forest land under the name of the Plaintiff with the Nonparty bank. The Plaintiff completed the ownership transfer registration in the name of F and G on October 13, 2004 with respect to the instant forest land.