구상권
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 31, 2010, C Co., Ltd. (hereinafter “each of the instant real estate”) is the Seo-gu Incheon, Seo-gu, L, the same Gu M, N,O, and P land (hereinafter “instant real estate”).
As to the seller of this case (hereinafter “the seller of this case”)
(A) purchase agreements from KRW 1.7 billion (hereinafter “instant sales contract”) (hereinafter “instant sales contract”) to purchase KRW 1.7 billion (1 billion in contract amount, KRW 300 million in the first intermediate payment, KRW 400 million in the second intermediate payment, and KRW 900 million in the remainder).
(2) The provisions of Articles 2, 3, and 9 of the instant sales contract, which stipulate that the instant sales contract is valid after obtaining permission for sports facilities, shall be terminated without any terms and conditions, and the seller shall fully refund the down payment and the intermediate payment to the buyer, without obtaining permission from the buyer. The seller shall bear the expenses incurred in obtaining the authorization and permission from the buyer, and shall not claim the expenses from the buyer. Within 30 days after obtaining the permission from the sports facilities, the seller is liable for the removal of each of the above real estate and the restoration of facilities to the original condition.
3) Upon the delay in the permission of the instant sports facility, C agreed with the instant seller on March 8, 201, to receive the down payment and intermediate payment received from the instant seller, while cancelling the agreement with the said seller on March 8, 201. On May 24, 2011, the Selection F promised to reimburse the instant seller by August 30, 201, on behalf of the instant seller, KRW 400 million. 40 million, the instant seller did not perform the duty of restitution upon the rescission of the agreement, and C did not perform the duty of restitution upon the rescission of the agreement, thereby, the Seoul Central District Court in the lawsuit against the instant seller.