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(영문) 서울서부지방법원 2016.10.21 2016나466

계약금

Text

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.

Reasons

1. Basic facts

A. On June 3, 2011, the Plaintiff entered into a sales contract with F to purchase Kimpo-si C and D land (hereinafter “instant land”) and the same year.

7.4. Completion of the registration of ownership transfer on the instant land.

B. On June 8, 2011, the Plaintiff applied for the change of the name of the owner of the first-class neighborhood living facility building project, which was conducted in the name F on the instant land, to the Plaintiff. On June 27, 2011, the G-Myeon head of Kimpo-si notified the Plaintiff that the change in the name of the owner was accepted.

Accordingly, on June 28, 2011, the Plaintiff submitted to the competent administrative agency for the instant construction project the surety insurance policy issued by the Seoul Guarantee Insurance Company from June 27, 2011 to June 26, 2013, and then purchased employment insurance and industrial accident compensation insurance with the Korea Labor Welfare Corporation around that time.

C. On August 19, 201, the Plaintiff entered into a construction contract with the Defendant for a multi-family house to be newly built on the instant land (hereinafter “instant construction contract”) with a total construction amount of KRW 270 million, and with a total construction amount of KRW 40 million, an intermediate payment of KRW 10 million, an intermediate payment of KRW 130 million, and an remainder of KRW 100 million, and with a construction period of KRW 130 million from August 25, 2011 to November 15, 201 (hereinafter “instant construction contract”).

On the 25th of the same month, the Plaintiff paid the Defendant the down payment of KRW 40 million according to the instant construction contract.

E. On August 29, 2011, the Plaintiff demanded the Defendant to increase the construction price and delete the word “satisf”, and accordingly, newly drafted a contract for construction with the content that the total construction amount shall be increased to KRW 352 million, and the contract amount shall be increased to KRW 40 million, KRW 100 million, KRW 100,000, KRW 1000,000, KRW 70,000,000,000, in the second intermediate payment, KRW 70,000,000,000.

F. On January 18, 2013, the Plaintiff: (a) from February 18, 2013, the rental deposit was KRW 5 million; (b) monthly rent was KRW 1 million; and (c) the rental period was from February 18, 2013.