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(영문) 대전지방법원 2017.01.18 2016가합101383

계약금반환 등

Text

1. The Defendant shall start on July 1, 2015 with respect to the Plaintiff A’s 180,91,600 won, the Plaintiff B’s 185,281,000 won, and each of the above amounts.

Reasons

Basic Facts

A. The Defendant is a person who newly constructed and sold a mutually named commercial building (hereinafter “E”) on the ground of Sejong Special Self-Governing City D (hereinafter “instant commercial building”).

B. On April 13, 2015, the Defendant concluded a sales contract with Plaintiff A to sell KRW 539,94,000 of the instant shopping mall 106 (hereinafter “106”).

Upon entering into the above sales contract, the Defendant prepared and issued to the Plaintiff A an agreement stating that “At the request of the seller at the time of confirmation of brand and lessee’s failure to make a refund without any conditions” (Evidence A No. 4; hereinafter “instant agreement”) by the date of completion (the end of six months) of the commercial building designated by the seller (referring to Plaintiff A; hereinafter “Plaintiff A”).

C. On April 20, 2015, the Defendant concluded a sales contract with Plaintiff B, the wife of Plaintiff A, to sell the instant shopping mall 107 (hereinafter “107”) to KRW 568,541,00.

On April 21, 2015, on the day following the date on which the contract for sale was concluded, the Defendant agreed to pay KRW 10,000,000 to Plaintiff B, under the condition of sale Nos. 106 and 107, “F” brand shop occupants.

“A” has prepared and delivered a written agreement (Evidence 3-3 of the A) with the content.

F is a sports brand. D.

Plaintiff

A from April 13, 2015 to the same year

4. From April 21, 201 to April 21, 201, 80,991,600 won was paid as down payment to 106, and Plaintiff B from April 21, 2015 to the same year.

5. Until June 1, 200 won was paid 85,281,00 won as down payment for No. 107 over four occasions.

(1) The sales contract for the purchase and sale of goods referred to in subparagraph 107 is indicated as KRW 85,281,150, but the actual amount that Plaintiff B paid as the down payment is KRW 85,281,000. The Plaintiffs paid KRW 100,000 each as the intermediate payment on June 18, 2015.

The details of the contract for sale in lots and the actual amount paid by the plaintiffs are summarized as follows.

Table 1: Details of conclusion of sales contracts and actual.