계약금반환
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1.(1) The basic facts of the claim (1) Defendant B shall be P in Sungnam-si, Seonam-si, the fourth floor of the aggregate building in E, the eighteenth floor above ground, name:
F. hereinafter referred to as “instant building”
) The executor of the new construction and sale business, and Defendant C is the operator of the business, and Defendant C is the operator of the six-story commercial building of this case (hereinafter “M-ho commercial building”).
(2) On July 18, 2018, among Defendant B and the instant building, the Plaintiff (the Plaintiff) is a seller of the building in lots, and the sixth floor G, H, I, J, K, K, L (hereinafter referred to as “G or L store”).
(B) the deposit amount of KRW 150 million, monthly rent of KRW 6860,000,000, and the term of lease shall be 60 months from the date of delivery (the date of delivery is agreed on the date of the balance payment, but the remaining payment date is not specified).
) A lease agreement was concluded with the terms of setting a lease agreement (hereinafter “No. 1 lease agreement”).
(3) On June 12, 2018, prior to the conclusion of the said lease contract, the Plaintiff paid each of the KRW 10 million to Defendant B, and KRW 20 million on July 18, 2018, which was the date of the said lease contract. (3) On March 25, 2019, the Plaintiff paid each of the KRW 20 million to Defendant C the deposit amount of KRW 20 million, monthly rent of KRW 90 million, and the lease period of KRW 60 months from the date of delivery (the delivery date was agreed on the remainder payment date, but the remainder payment date was not specified.
) A lease agreement was concluded with the terms of setting a lease agreement (hereinafter “second lease agreement”)
(4) On March 25, 2019, the date of entering into the said lease contract as down payment, Defendant C paid KRW 4 million to Defendant C. (4) The instant building was under construction at the time of the said lease contract, and obtained approval for use on June 12, 2019. (5) The said fact may be recognized either by dispute between the parties, or by the overall purport of each of the statements and arguments in the evidence Nos. 1, 2, and 5, and there is no evidence that interfered with this.
2. Determination on the cause of the claim
A. At the time of concluding a lease agreement with the Plaintiff (1) 1 and 2, the Plaintiff is very important to install the windows using ED on the windows of commercial buildings for publicity.