계약금
1. The Plaintiff (Counterclaim Defendant) shall pay 30,000,000 won to the Defendant (Counterclaim Plaintiff) and its payment from March 6, 2014.
The main lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The attached real estate owned by the Plaintiff (hereinafter “instant real estate”) was set up a mortgage of KRW 70,00,000 with the maximum debt amount of KRW 70,000 in the D, but the voluntary auction of the instant real estate was commenced on July 22, 2013 upon the application of the said mortgagee D (hereinafter “instant auction”) to Ulsan District Court E on July 22, 2013.
B. On January 14, 2014, the Plaintiff, as a broker of Defendant C, sold the instant real estate, which was under way of the instant auction to Defendant B as KRW 290,00,000,000, and concluded a sales contract with the intermediate payment of KRW 40,000 on the day of the contract, and KRW 220,00,000 on January 17, 2014, and KRW 220,000,00 each of the remainder on January 28, 2014 (hereinafter “instant sales contract”), agreed to withdraw the instant auction with the said down payment and intermediate payment, and that the down payment of KRW 30,00,000 is kept in custody by Defendant C.
C. Defendant B prepared an intermediate payment of KRW 40,000,000 on January 17, 2014 and visited the real estate brokerage office. However, the Plaintiff did not appear and did not have contact with Defendant B.
On January 20, 2014, the Plaintiff rescinded the instant sales contract on the grounds that Defendant B did not pay an intermediate payment of KRW 40,000,000 to the Defendants. As such, Defendant C sent a content-certified mail to the effect that it would return the down payment of KRW 30,000,000 in custody, and Defendant B sent a content-certified mail to the Plaintiff on January 21, 2014.
[Ground of recognition] In the absence of dispute, Gap evidence 1-1, Gap evidence 1-2, Gap evidence 3, 7, Eul evidence 2 and 8, witness F's testimony, the whole purport of oral argument
2. Determination as to the claim on the principal lawsuit
A. Since the Plaintiff agreed to withdraw the instant auction from the down payment and intermediate payment stipulated in the instant sales contract, the Plaintiff did not need to pay the down payment and intermediate payment to the Plaintiff.
Nevertheless, the auction of this case is set aside.