계약금반환 등
1. The decision subject to review shall be revoked.
2. The defendant (the defendant) shall pay 82,240,800 won to the plaintiff (the plaintiff) and its corresponding amount.
1. On July 22, 2013, a final judgment subject to a retrial (hereinafter “Plaintiff”) filed a lawsuit claiming the return of down payment and intermediate payment 82,240,800 won against the Defendant (the Defendant; hereinafter “Defendant”) and filed a lawsuit claiming the return of down payment and intermediate payment pursuant to this court’s order 2013da9156, the fact that the Plaintiff was subject to a judgment dismissing the Plaintiff’s claim on December 10, 2013 and the Plaintiff did not appeal and became final and conclusive on December 31, 2013 is apparent in the record.
2. According to the evidence evidence No. 4 of the judgment on the existence of grounds for retrial, the judgment accepting the Plaintiff’s claim was rendered on May 14, 2013, and became final and conclusive on June 4, 2013, in the Daejeon High Court 2012Na2550 (the same issue as this case) between A and the Defendant, which is the same issue as this case.
This constitutes a ground for retrial under Article 451(1)10 of the Civil Procedure Act, since it is contrary to a final judgment rendered before a judgment to institute a retrial is rendered.
3. Judgment on the merits
A. The facts of recognition 1) Nururan Complex Epia Co., Ltd. (hereinafter “execution company”) is a company that implements a new construction and sale of the Epia resort condominium (hereinafter “this case Epia”) in the 474-1st century, Nam-gun, Chungcheongnam-do. The Defendant entered into a trust agreement with the Si with the Si and is a business trustee who carries out the business site management, business management, management, sale, transfer of ownership after completion of construction. 2) On June 25, 2009, the Plaintiff and the Defendant, as well as the instant Rite Co., Ltd., Ltd., for the completion date of completion of the sale contract on 302, 802, 301, 302, 801, 201, 200, 2004, 2006, 3004, 3005, 407, 2084, 2005, 3004, 2004).
4. The Riart of this case