계약금반환 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The first instance court.
1. A special-purpose bankruptcy, such as a contract area for the exclusive use area of a building with a site with a contract area for the exclusive use area of 284.93 square meters and 222.50 square meters and 62.43 square meters and 9.26 square meters and 95.78 square meters;
A. On September 3, 2014, the Plaintiff purchased real estate indicated below KRW 280 million (hereinafter “instant real estate”) from the Defendant, which is part of the buildings to be constructed by the Defendant on a day from Pyeongtaek-gun C through D (hereinafter “instant land”) and paid the Defendant the down payment of KRW 10 million on the day of the contract.
(hereinafter “instant sales contract”). B.
Article 5 of the sales contract of this case provides that “The parties to the contract may claim compensation for damages arising from the cancellation of the contract to the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed.”
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 2, and the purport of whole pleading
2. The parties' assertion
A. If the Plaintiff purchased the instant real estate of which the size of 23,46 units with a personal swimming pool and a common swimming pool to the Plaintiff, the Plaintiff purchased the instant real estate by deeming that it would distribute profits from the entrusted operation of the instant real estate. Since the Defendant is not a lodging facility, but does not have incidental facilities, such as a swimming pool, and the construction size differs entirely from the content explained at the time of sale, the Defendant’s obligation under the instant sales contract ought to be deemed as impossible to be performed due to the Defendant’s fault.
Accordingly, the plaintiff cancels the sales contract of this case for the reason of impossibility of performance, and claims for the return of the down payment and damages equivalent to the down payment to the defendant.
B. The Defendant currently constructed a penture on the instant land, and subsequently changed the purpose of the building to accommodation facilities after the completion of the construction.