계약금반환
1. The Defendants jointly share KRW 240,000,000 and KRW 160,00,000 among them to the Plaintiff, Defendant B, C, and D, respectively. < Amended by Act No. 7690, May 1, 2005>
1. Facts of recognition;
A. On March 14, 2005, F, G, and H trade: (a) on the sales price of KRW 1,324,532 square meters of I forest land and 24,532 square meters of J forest and 2,541 square meters of K forest and 6,573 square meters of land (hereinafter “each real estate of this case”) in Seosan-si with the seller’s agent and two other persons; (b) F, G, and H: (c) on the basis of the sales price of KRW 1,324,00,000; and (d) on the date of the contract, KRW 250,000 of the down payment shall be paid on the date of the contract; and (e) the sales contract (hereinafter “instant sales contract”) was formulated to pay the remainder of KRW 1,074,00,000 on June 14, 2005. The main contents thereof are as follows.
Article 6 (Cancellation of Contract) Before the buyer pays the intermediate payment (if there is no intermediate payment agreement, the seller shall pay the down payment in an equal amount, and the buyer may also waive the down payment and cancel this contract.
Article 7 (Non-performance of Obligations and Compensation for Damages) (1) In cases where a seller or a buyer has any default under this contract, the other party may demand in writing the person who has defaulted and rescind the contract.
(2) Where a contract is rescinded, the seller and the buyer may claim damages from the other party, respectively.
Except as otherwise agreed, the criteria of Article 6 shall apply.
Special Agreement:
1. A seller shall deliver a written consent to land use to a purchaser at the request of the purchaser after the contract;
2. The seller shall cancel the attachment part prior to any balance.
B. H received down payment of KRW 250,000,000 according to the instant sales contract from the buyer on the same day.
C. On March 24, 2006, G drafted a letter of waiver of right that received KRW 90,000,000, out of the down payment from H, and subsequently did not raise any objection to H in the future civil or criminal charges.
【Fact-finding without a dispute over the basis of recognition】 The entries in Gap's evidence 1, 2, 3, and 5, the witness H's testimony and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The plaintiff's assertion is summary.