계약금반환 외
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 13, 2015, Defendant B, C, and medical corporations (hereinafter “H”) entered into a sales contract with H to purchase the land and buildings listed in the annexed real estate list (hereinafter “instant real estate”) at KRW 4 billion (contract amounting to KRW 5 billion).
The Defendants and H, at the time of the remainder of KRW 2.3 billion, offered the instant real estate as collateral to the bank by May 15, 2015, and entered into a special agreement with the Defendant B and C to become the lender.
H By June 5, 2015, up to June 5, 2015, the said Defendants paid KRW 500 million as down payment.
B. On September 1, 2015, H refused to cooperate with Defendant B and C in the lending procedures for the creation of any balance, on the ground that Defendant B and C refused to do so, the said sales contract was rescinded, and the Suwon District Court filed a lawsuit claiming the return of the down payment, etc.
C. On January 15, 2016, a separate sales contract with a seller as the Defendants, the purchaser as the Plaintiff, and H (hereinafter “instant sales contract”) was concluded with respect to the instant real estate. As such, Defendant B, C, and H concluded on April 13, 2015, Defendant B and H did not hold any liability for the said sales contract, and the said lawsuit was concluded with a ruling of recommending reconciliation in the content of waiver of claim by H on April 2, 2016.
The Plaintiff, H, and the Defendants indicated the remainder KRW 3.5 billion in the contract as the purchase price of the instant sales contract, on April 13, 2015, in lieu of the down payment paid by H as the down payment of the instant sales contract.
E. On the grounds that the Defendants refused to cooperate in the lending procedure under the instant sales contract, the Plaintiff and H have rescinded the instant sales contract and filed the instant lawsuit with the court on April 20, 2016. On April 29, 2016, the Plaintiff was transferred all of the instant claim claims that H had against the Defendants from H to the Defendants, and around that time, notification of the transfer of claim is given.