위약금 등
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Basic facts (1) The Defendants entered into a real estate sales contract with D on August 11, 2018 with the content that (i) the payment of KRW 900 million for E Apartment F (hereinafter “instant apartment”), and (ii) the payment of KRW 170 million for an intermediate payment of KRW 170 million is to be paid in September 10, 2018; and (iii) the remainder of KRW 640 million is to be paid in November 12, 2018 (hereinafter “instant sales contract”); and (iv) the payment of KRW 90 million for the down payment of KRW 90 million on the date of the contract.
② On September 1, 2018, the Plaintiff entered into a lease agreement between the Defendants on the instant apartment with a deposit of KRW 600 million (contract deposit of KRW 60 million, the remainder of KRW 540 million), and the lease period of KRW 24 months from November 12, 2018 to November 11, 2020.
(hereinafter “instant lease contract”). Provided, That “The amount of KRW 60 million shall be deposited into the seller’s account on September 11, 2018,” according to a special agreement, the Plaintiff did not pay the down payment on the day of the contract.
③ Around September 8, 2018, D notified the Defendants of the rescission of the instant sales contract. On September 10, 2018, the Defendants sent to the Plaintiff a postal item proving that the instant sales contract was rescinded, and thus, the Defendants were not deposited the deposit amount, and the said postal item was served to the Plaintiff on the following day.
④ On the other hand, on August 11, 2018, prior to the date of the instant lease contract, the Plaintiff paid KRW 1 million to G who arranged the instant lease contract under the name of the provisional contract for the instant lease contract, and on the same day, G received KRW 1 million as the deposit amount for the instant lease contract. On the same day, H Licensed Real Estate Agent Office issuance Receipt was issued to the Plaintiff, stating that G received KRW 1 million as the deposit amount for the instant lease contract.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-1, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s alleged Defendants concluded the instant lease contract on the grounds of the cancellation of the instant contract.