계약금 반환 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. Defendant D is a practicing licensed real estate agent who runs real estate brokerage business under the trade name of “F.”
Defendant E Association (hereinafter “Defendant Association”) concluded a mutual aid agreement between Defendant D and its mutual aid business entity, which is a mutual aid business entity for guaranteeing liability for damages caused by brokerage of practicing licensed real estate agents, around May 2017, with a mutual aid agreement between Defendant D and its mutual aid amount of KRW 100 million, and the period of mutual aid from May 5, 2017 to May 4, 2018.
B. On September 26, 2017, the Plaintiff entered into a contract with Defendant B to purchase KRW 709 square meters of Gangwon-do Hongcheon-gun Gri (hereinafter “Gri”) (hereinafter “instant land”) and a newly-built detached house of KRW 99 square meters (hereinafter “instant house”) for KRW 200 million (hereinafter “instant sales contract”).
(hereinafter “instant land” and “instant housing” combined with “instant real estate” (hereinafter “instant real estate”).
According to the instant sales contract, the Plaintiff shall pay the remainder of KRW 1,20 million among the above sales price at the time of the said contract, ② the first intermediate payment on September 27, 2017; ③ the second intermediate payment of KRW 50 million on November 10, 2017; ④ the remainder of KRW 90 million on December 15, 2017; and Defendant B shall complete the registration of ownership transfer on the instant land to the Plaintiff at the time of the said contract, and the registration of ownership transfer and registration of ownership preservation are stipulated in the name of the Plaintiff.
On September 27, 2017, the Plaintiff remitted to Defendant B the sum of KRW 20 million of the down payment and KRW 60 million of the first intermediate payment and KRW 40 million of the said sales amount.
In addition, on September 28, 2017, Defendant B completed each registration for the transfer of ownership with respect to the portion of 90/636 square meters out of 636 square meters of I forest land and its adjacent passages to the Plaintiff (hereinafter “instant land, etc.”).
E. Since then, there was a dispute between the Plaintiff and Defendant B regarding the instant sales contract, and Defendant B, on November 24, 2017, on the ground of the Plaintiff’s refusal of performance, etc.