(가)계약금 반환 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The scope of adjudication is limited to the part of a claim for restitution following the cancellation of a sales contract, in which the Plaintiff filed a claim against the Defendant, but the court of first instance accepted a claim for restitution, and the claim for damages was dismissed, and only the Defendant appealed (the Plaintiff filed an appeal but withdrawn it on March 17, 2017).
2. Facts of recognition;
A. On September 14, 2015, the Plaintiff entered into a sales contract with the Defendant with the content that: (a) the Plaintiff purchased from the Defendant two parcels of land, such as Seopo-si, Seopo-si, Seopo-si, Da, 5428§³, and its ground storage facilities (hereinafter “instant real estate”); (b) KRW 1.20,000,000; and (c) the down payment is KRW 30,000,000,000,000,000,000,000 won;
(hereinafter “instant contract”). B.
Meanwhile, at the time of the instant contract, the registration of three provisional attachment, including the claimed amount of KRW 11,120,05, the claimed amount of KRW 67,820,834, the claimed amount of KRW 50,000,000, and the registration of the establishment of a mortgage around KRW 780,000,000, was completed.
C. On September 15, 2015, the Defendant received down payment from the Plaintiff, and decided to cancel part of the above provisional seizure registration and immediately cancel the remainder, and the Plaintiff paid down payment to the Defendant KRW 30 million.
Accordingly, the registration of provisional attachment of KRW 11,120,055 of the above three provisional attachment was cancelled on September 21, 2015, but the registration of provisional attachment of KRW 100,982,394 of the claimed amount was newly completed on the same day, and on October 5, 2015, the registration of provisional attachment of KRW 51,000 of the maximum debt amount was additionally completed on the same day.
E. On October 12, 2015, the Plaintiff is the Defendant.
The Defendant notified the rescission of the instant contract on the ground of the Defendant’s default.
F. Meanwhile, the Defendant on November 10, 2015.