계약금반환
1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. Facts of recognition;
A. 1) Conclusion of a sales contract is the promotion enterprise corporation (hereinafter “promotion enterprise”).
[1] The construction of the apartment complex D] is the construction of the construction of the apartment complex in Yeongdeungpo-gu, Seoul Metropolitan Government, and Drown Development Co., Ltd. (hereinafter “Drown Development”).
2) The promotion company was delegated with the authority to dispose of some of the above apartment units from the development of Draeg. 2) E decided to purchase 18 households among the above apartment units in a total of KRW 7,375,320,000 from the promotion company and sell by proxy the apartment units in lots.
The defendant B was delegated with the authority to sell in lots by E, and the defendant C is a person who assisted the defendant B to sell in lots.
3) On November 4, 2011, the Plaintiff, as a broker by Defendant C, is deemed to be an apartment complex No. 203, Dong 303 (hereinafter “instant apartment complex”) and D apartment complex No. 203 (hereinafter “instant apartment complex”).
) As to the parcelling-out price of KRW 415,00,000 (in the contract, KRW 529,400,000), the actual parcelling-out price is KRW 415,00,000.
(2) The sales contract under the instant sales contract is concluded to pay the entire amount to the bank account under the name of Latd Development by November 10, 2011 (hereinafter “instant sales contract”).
(4) According to the instant sales contract, if the seller fails to pay the intermediate payment or the balance for at least 15 days from the designated date, and the seller fails to pay it at least once by setting a grace period of at least 10 days, the seller may cancel the sales contract.
B. (1) The Plaintiff remitted KRW 3,000,000 to the E’s account on November 3, 2011 at the Defendant C’s request. (2) The Plaintiff, at the Defendant C’s request, remitted the total amount of KRW 10,000,000 to the Defendant B’s account on December 9, 201, and KRW 10,000,000 on December 10, 201.
The Defendants divided and used the above KRW 10,000,000 as the sales agency fee.
C. The plaintiff 1 did not pay the sale price by the date stipulated in the sale contract of this case, E as the sale agent.