가계약금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On May 4, 2013, the Plaintiff entered into a contract with D, a broker of C Licensed Real Estate Agent Office, to purchase the purchase price of KRW 2,900,000,000, and the above-ground buildings (hereinafter “instant real estate”) in the Nam-gu, Nam-gu, Si/Gun/Gu E site and the above-ground buildings owned by the Defendant (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
Real estate sales contract (certificate No. 1)
1. The seller and the buyer of the real estate shall enter into a sales contract with respect to the following real estate:
A reinforced concrete structure structure structure and use of building area of 634.2m2m2 square meters in Nam-gu, Nam-gu, Si/Gun;
2. As to the sale of the above real estate, Article 1 (Purpose) of the Terms and Conditions of the Contract, the seller and the buyer are to pay the sales amount by agreement as follows:
The settlement of 2,900,000,000,000,000,000,000,000, n n n n n n 2,900,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 at the time of the contract.
Article 5 (Cancellation of Contract) Until the buyer pays the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and cancel the contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract respectively, and the contract deposit shall be considered as the basis for compensation for damages, unless otherwise agreed.
(1) Where a contract deposit is not entered on the date of this contract, it shall be destroyed if it is not entered by May 31.
(2) D D D D D D D D down payment.