계약금반환등 청구의 소
1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. 80% of the total costs of litigation shall be the Plaintiff.
1. Basic facts
A. On May 21, 2013, the Plaintiff entered into a sales contract with the Plaintiff and the Defendant on May 21, 2013, concluding a contract to purchase KRW 1,020,000,000,00 for the following land: (a) the land number before being registered as of January 20, 2014; and (b) D forest land (the land number before being converted as of January 20, 2014; hereinafter referred to as “instant land”).
(hereinafter “instant sales contract”). Real estate sales contract
2. Where a seller or buyer fails to perform any of the terms and conditions of this contract, the remaining 720 million won, which is paid at the time of the contract, shall be notified in writing to the person who has failed to perform the contract and the other party may rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
매도인 피고, 매수인 원고 외 1인 별지(특약사항) ◎ 매수인(원고) 외 1인인 F은 도로지분에 한함. ◎ 계약금 2억 8,000만 원은 2013. 7. 22.로 한다.
◎ 계약과 동시에 매수자는 본 토지에 관하여 토목작업을 한다.
◎ 도로지분 부분에 관하여 매수자가 대출을 받아 계약금을 지불해야 되므로 매도자는 도로지분을 명의이전 해준다.
B. On May 30, 2013, the Plaintiff’s implementation of access road construction contracted to S&D Co., Ltd. civil engineering works and appurtenant works for the instant land at KRW 50 million (excluding value-added tax). Accordingly, the Plaintiff started construction works for opening access road to some of the instant land (hereinafter “instant road”).
C. On May 21, 2013, the Plaintiff paid KRW 20 million out of the down payment to the Defendant.
on July 5, 2013, the Plaintiff remitted to the Defendant the loans worth KRW 10 million.
The defendant's objection.