계약금 등 반환
1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The Plaintiff (Counterclaim Defendant) on 724.
1. Basic facts
A. On August 6, 2017, the Plaintiff and the Defendants (hereinafter “instant real estate”) entered into a sales contract with the seller and the trustee and the Defendant C Co., Ltd. (hereinafter “Defendant C”) as the seller and the beneficiary and the Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into the sales contract (hereinafter “instant sales contract”) at the national bank account in the name of Defendant B on the same day. The Plaintiff paid the down payment of KRW 181,181,400 to the national bank account in the name of Defendant B.
The contents of the instant sales contract are as follows.
① The Plaintiff shall pay the remainder of KRW 724,725,600 as of August 6, 2017, the contract deposit of KRW 181,181,400, out of the sale price of the instant real estate 905,907,00, to the payment account designated by Defendant B by the expiration date of the occupancy designation period.
[Article 1 (1) and (4) of the sales contract of this case] (2) The convenience store can be operated only to the real estate of this case among the supply heading rooms of E buildings.
[Article 17 (23) of the sales contract of this case]. The indication of property of the E-building sales contract of this case: The payment date of the purchase price of KRW 905,907,00 for the purchase price of building e-building F of Seo-gu Daejeon: the amount on August 6, 2017: The payment date of the remainder of KRW 181,181,40: the payment date of occupancy price: the amount on the payment date of the sale price of KRW 724,725,60: Article 1 [payment method for the sale price of KRW 724,725,60] (1) of the G Deposit Co., Ltd. (Defendant B) of the National Bank of Korea Account for Payment of the sale price of KRW 724,725,600: The sale price shall be sold in the above indication property (hereinafter referred to as the "object of sale") by the above method, and “B” shall be paid in the account
(4) Any balance (if there is a sales price in progress, including both the sales price and the arrears; hereinafter the same shall apply) shall be included by the date of the expiration of the occupancy designation period notified by the “Defendant B” or “Defendant D”.