약정금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On October 12, 2010, the Defendant’s representative C concluded a real estate sales contract with D and six other persons (hereinafter “D, etc.”), under which the Plaintiff would purchase KRW 4,800,000,00 with the content that the Plaintiff would directly transfer ownership to a person designated by the buyer for the purchase of the land E in Busan, Seo-gu, Busan (hereinafter “instant factory site”); KRW 1,053.6 square meters of the F factory site; and KRW 1,650,1 square meters of the G factory site and buildings thereon.
B. On May 2, 2011, the Plaintiff entered into a real estate sale contract with the Defendant to purchase the instant factory site and the factory to be newly built thereon in KRW 1,654,00,000 (hereinafter “instant sale contract”). On the same day, the Plaintiff paid the Defendant the down payment of KRW 140,000,000 on the same day. The key contents of the instant sale contract are as follows.
Article 2 (Transfer of Ownership) Any seller shall, upon receiving any balance of the purchase price, deliver all documents required for the registration of transfer of ownership, and deliver the said real estate to him.
Article 6 (Cancellation of Contract) (2) The down payment shall be considered as the estimated amount of damages.
Article 7 (Procedures for Ownership and Sale of Real Estate) Sale of real estate shall be in the state that the defendant has entered into a purchase contract with the present landowner, and is expected to proceed with division of land and construction works after the completion of the current tenant's awareness. Article 12 (Modification of Design) (1) Where the design is modified at the request of the buyer during construction works, the construction cost of the additional item shall be borne
Article 14 (Transfer of Ownership) (1) Land and buildings may be separated and transferred at the time of transferring ownership of any sale object.
(4) A sales contract shall be entered into together with land and buildings for convenience, and the transfer of the land ownership shall be immediately relocated to the buyer's own land at the time of the contract, and the payment for the land price shall be made by the buyer's own land at the time of the contract.
(6) Construction schedule and schedule.