매매대금반환
1. Defendant B Co., Ltd.: KRW 150,00,000 and 5% per annum from July 16, 2016 to November 10, 2016 to the Plaintiff.
On May 16, 2014, the Plaintiff entered into a sales contract between Defendant C and Defendant C, each of the real estate listed in the separate sheet owned by Defendant B (hereinafter referred to as “D and site”) and the purchase price of KRW 600 million, and the down payment of KRW 300 million is to be paid on May 16, 2014, and the remainder of KRW 300 million is to be paid on June 15, 2014 (hereinafter referred to as “instant sales contract”). The main contents of the contract are as follows: (a) the seller pays the down payment to the seller until the buyer pays the intermediate payment (if there is no intermediate payment), and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
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.
Matters of special agreement
1. The buyer concluded a sales contract after examining documents and on-site verification.
2. 570,000,000 won shall be paid to the seller for the construction cost concerning the fixtures and signboards, etc. of immovables; and
4. The seller shall terminate all of the creation and integration on the current registration at the same time as the remainder; and
The following shall be:
On May 16, 2014, according to the instant sales contract, the Plaintiff paid KRW 300 million (hereinafter “instant down payment”) to Defendant C as down payment.
On the other hand, around June 2, 2014, the Plaintiff notified the Defendants of the cancellation of the instant sales contract on the grounds that the instant sales contract was concluded by deception.
[Ground of recognition] The plaintiff's assertion that there is no dispute, Gap 1, 2, and 8 (including a provisional number; hereinafter the same shall apply), Eul 3, 4, 5, and 6, and the main claim of the entire pleadings.