계약금 반환 청구의 소
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Defendants, who entered into a sales contract between the Plaintiff and the Defendants, shared the second floor H of the G Building (hereinafter “instant commercial building”). In order to sell the instant commercial building, the Plaintiff requested the sale of the instant commercial building to I (hereinafter “I”) and K K, an I Licensed Real Estate Agent J and an intermediary assistant, took charge of the Defendants’ request for the sale.
On December 8, 2018, the Plaintiff requested that I use a commercial building that can be paid monthly rent in color, and requested that I purchase the commercial building in this case as a broker of I Licensed Real Estate L. On December 8, 2018, the Plaintiff transferred KRW 10 million to Defendant C’s account as a provisional contract deposit.
On December 12, 2018, under the brokerage of L Licensed Real Estate Agent L, the Plaintiff entered into a sales contract with the Defendants to purchase the instant commercial building as follows (hereinafter “instant sales contract”). On the same day, the Plaintiff issued the Defendant B a KRW 190 million certificate as the remainder down payment.
With respect to the sale of the above real estate, Article 1 of the Terms and Conditions of the Contract, the buyer shall pay the purchase price as follows:
Sales proceeds: 200 million won: 200 million won; deposit received at the time of a contract; 965 million won; any balance that the buyer succeeds in the present state: 875 million won shall be paid on December 26, 2018. < Amended by Act No. 1583, Dec. 26, 2018>
Article 5 The buyer shall compensate the seller for the amount of the down payment before the buyer pays the intermediate payment (if there is no intermediate payment, the remainder), and the buyer may waive the down payment and rescind this contract.
(1) The sale of the building at present and the sale price is separate from value-added tax and the comprehensive acquisition by transfer is the entrepreneur.If the comprehensive acquisition by transfer becomes known, the lease monthly rent of the building at issue shall be calculated on a daily basis, and the seller shall have the buyer from the date of transfer to the date of acquisition.
6. Other.