계약금 반환 청구의 소
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasoning for this Court’s explanation is the same as the part “1. Basic Facts” between the second and fifth pages of the judgment of the court of the first instance, except for the parts written or added as follows. Thus, this Court shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
【E (hereinafter “E”) in the second sentence of the judgment of the court of first instance (hereinafter “E”) shall be amended to “E (the liquidation was deemed completed on December 3, 2015 under Article 520-2(4) of the Commercial Act; hereinafter “E”)”.
The second through 16th of the judgment of the first instance court, “the Defendant is the owner of Jongno-gu Seoul Metropolitan Government F (hereinafter “instant land”) which is a site within the said project implementation district,” shall be construed as “the Defendant shall own the land of Jongno-gu Seoul, Jongno-gu, Seoul, a site within the said project implementation district (hereinafter “instant land”) and buildings on which the Defendant owns the land of 3/4 shares and the land of 1/4 shares.”
“E” in Part 18 of the second judgment of the first instance shall be added to “E” following the second judgment of the first instance.
Part 3 of the third sentence of the first instance judgment "436,539,000 won" shall be applied to "435,539,000 won".
Part III of the "Special Agreement" of the third page of the judgment of the court of first instance shall be subject to the cancellation of the mortgage on the building on the land of this case as "cancellation of the mortgage on the building on the H".
Part 4 of the decision of the first instance court "G" in Part 19 of the decision of the fourth instance shall be followed by "C".
2. The parties' assertion
A. The Plaintiff’s assertion (i.e., the instant sales contract was neglected without being implemented for a long time, and thus, the agreement was rescinded as of the date of delivery of the copy of the instant complaint.
Meanwhile, according to the instant sales contract, the Defendants did not provide the Defendant-A with the removal, etc. of 17.52 square meters of the wooden flag and branch roof housing on the land owned by Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “H housing”) under the instant sales contract.