beta
(영문) 서울중앙지방법원 2019.08.28 2018가단5191624

계약금 반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an implementer who runs the business of developing and selling E- Condominiums (hereinafter “instant containers”) after obtaining approval for the business plan with the Jeju Special Self-Governing Province tourism industry, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is a trustee who enters into a management-type land trust agreement with Defendant C and is entrusted with the progress of the said business.

B. On February 6, 2018, the Plaintiff entered into a contract with Defendant C (trustee), Defendant B (seller, and trustee) on the purchase price of the instant containers at KRW 861,00,000 with respect to the instant containers F (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 2 (Sales Price and Payment Method) (2) "A (referring to the plaintiff)" shall pay the amount by deposit without passbook in the designated account of the bank designated in Section 3 of this Article within the due date for payment as follows, and the payment by any method that is not received in the designated account shall not be recognized as a legitimate payment.

In addition, “sick” does not bear a duty to separately notify “A” of the date of payment, such as intermediate payments, etc.

Article 11-2 (Penalty) of the date of the designation of occupancy after the completion of the 12-month remainder (10%) after the contract of the intermediate payment (10%) three months after the contract of the second (10%) contract of the part payment (10%) and the second (10%) contract of the second (10%) contract of the second (10%) after the contract of the second (10%) part payment (10%) contract of the second (10%) three months after the contract of the second (10%) three months after the contract of the part payment (10%) of the second (1) contract of the second (10%) and the second (12) contract of the 12-month part payment (10%) after the contract of the 9-month part payment (10%) contract of the 10-month part payment (10%) is cancelled, the “disease” does not refund the down payment already paid by the “A”, and if the contract is cancelled due to a cause attributable to the “B” (hereinafter