계약금 등 반환 청구의 소
1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) B: (a) KRW 274,00,000; and (b) from July 30, 2016 to January 2016, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of premise;
A. D and E, the parents of Defendant B, committed an extension of the wooden building portion, which was attached to paragraph 2 of the attached Table No. 1 (hereinafter “instant land”) on the land listed in the attached Table No. 1 (hereinafter “instant land”) listed in the attached Table No. 1) owned by Defendant B (hereinafter “instant building”), and used the instant building as restaurant business for restaurant business and real estate No. 3 (hereinafter “instant land No. 2”) listed in the attached Table No. 3 owned by Defendant C (hereinafter “instant land”). The instant land No. 2, the land category of which is the “former”).
B. On May 9, 2016, D, on behalf of the Defendants, concluded a pre-contract for land sale and purchase with the Plaintiff and the instant land No. 1, building, and the instant land No. 2 as KRW 640,000,000 for the total purchase price, which was concluded on May 26, 2016, and received KRW 10,000 as a pre-contract.
C. On May 26, 2016, the Plaintiff entered into a sales contract with Defendant B by setting the price for the land and building No. 1 in this case as KRW 480 million, and the price for the land No. 2 in this case with Defendant C as KRW 160 million, and entered into a sales contract with Defendant C by setting the price for the land No. 2 in this case as the down payment, and the Plaintiff’s agent D
A total of KRW 64 million, including the pre-contract amount under paragraph (1), was paid by Defendant C, on the same day, prepared a real estate sales contract and delivered to the Plaintiff, stating that “I promise to convert into the present land and to dispose of soil on the land after the land transfer.”
After that, on June 5, 2016, the Plaintiff changed the purchase price of Defendant B and the instant land No. 1 and the instant land No. 580 million won, and the down payment of KRW 58 million is KRW 200 million in the contract, the intermediate payment of KRW 216 million in June 15, 2016, and the remainder of KRW 360 million in the payment of KRW 3.6 million in July 15, 2016. The Plaintiff paid the purchase price of Defendant C and the instant land No. 2 at KRW 60 million in the contract, and the down payment of KRW 60 million in the contract, the intermediate payment of KRW 34 million in the intermediate payment, and the down payment of KRW 6 million in the contract. < Amended by Presidential Decree No. 27374, Jun