계약금반환 청구의 소
1. The Plaintiff, Defendant A, and Defendant A, Defendant B, C, D, and E, respectively, KRW 81,253,454 from December 9, 2015. < Amended by Act No. 1212, Dec. 9, 2015>
Facts of recognition
On May 14, 2007, Daejeon Mutual Savings Bank (hereinafter referred to as the "Seoul Mutual Savings Bank") entered into a loan agreement on the loans of KRW 2 billion for the purpose of raising funds for the purchase of the project site necessary for the project site construction project in Seocho-si, Changwon-si, Seoul Special Metropolitan City (hereinafter referred to as the "the project in this case"), and loans KRW 2 billion in Western-si.
On May 11, 2007, SylN Co., Ltd entered into a sales contract with the network G (hereinafter “the network”) on the land H, I, J, K, and L (hereinafter “each of the instant real estate”) as follows (hereinafter “instant sales contract”), and around that time, paid the down payment to the deceased.
Where a seller or buyer of Article 6 (Non-performance of Obligations and Compensation for Damages) of the Payment of KRW 3,575,100,000 for the remainder payment of KRW 630,900 for the down payment of KRW 4,206,00,000 for the contract, fails to comply with the terms and conditions of this contract on November 30, 2007, the other party may make a written demand to the non-performance and rescind the contract.
In addition, the other party to the contract may claim damages from the other party according to the termination of contract, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed
The balance of special agreement shall be paid within 30 days after the business approval occurs, regardless of the date of payment.
Contract deposit shall be deemed to be a sales contract simultaneously with deposit in the seller's account passbook.
Provided, That the down payment shall be paid by May 15, 2007, and this contract shall be null and void and no objection shall be raised.
On June 29, 2007, Sho LAC applied for approval of the project for the implementation of the housing construction project to the Changwon City Mayor, but it was rejected on August 22, 2007. The ShoDC filed an administrative appeal, but on October 9, 2007, the above administrative appeal is dismissed.