계약금 등 반환 청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The relationship 1) The Plaintiff is a project to build apartment houses of the regional housing association in the Geum-gu, Busan (hereinafter “instant project”).
(2) On May 31, 2019, the Defendant is the owner of the land and the building on its ground (hereinafter “instant real estate”) located in the Geum-gu Busan Metropolitan Government, which is the competent administrative agency, with the authorization of establishment under the Housing Act from the head of the Si/Gun/Gu.
B. 1) The promotion committee prior to the Plaintiff’s establishment (the Plaintiff was succeeded to the rights and obligations of the Plaintiff after the establishment of the Plaintiff)
hereinafter referred to as “Plaintiff” only
(2) On December 10, 2018, the sales contract between the Defendant and the Defendant to purchase the instant real estate from the Defendant for KRW 3,300,000,000 (hereinafter “instant sales contract”).
The main contents of this case are as follows. The location of a real estate sales contract is as follows. The building area is the building area of 223 square meters in Geumcheon-gu Busan Metropolitan City: the light steel structure and cement brick storage facilities, area of neighborhood living facilities: 158.14 square meters in total: gold insertion (Won 3,300,000,000): (i) down payment: KRW 330,000,000 (Won 330,000,000) in gold KRW 33:0,000,000 won (Won 2,970,000,000): In entering into a real estate sales contract, the seller is the seller's convenience to submit a "land for construction (the defendant, hereinafter the same shall apply)" and the buyer is required to enter into a sales contract with the name "B" (the plaintiff, hereinafter the same shall apply) for the purpose of constructing and sealing the above land for the purpose of the sale and sealing of the land."
2. Subsequent to the formation of this Agreement.