계약금반환 등
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
1. Basic facts
A. On October 8, 2012, the Plaintiff purchased 30,000,000 won out of the down payment of KRW 90,000,00,000 from the purchase price, 30,000 among the down payment of KRW 90,000,00,000, the remainder of KRW 60,000 on October 8, 2012; the intermediate payment of KRW 90,00,000 on October 9, 2012; and the remainder of KRW 90,00,00 on November 5, 2012; and the remainder of KRW 60,00,00 from the remainder of KRW 60,00 on the real estate; and the remainder of KRW 670,00,00 on November 30, 200; and concluded a sales contract with the Industrial Bank of Korea (hereinafter “the maximum debt amount of the instant real estate”).
B. The Plaintiff paid the Defendant a sum of KRW 90,00,000,000 as down payment on October 8, 2012, and KRW 60,000,000 on October 9, 2012, but the intermediate payment and the remainder were not paid. However, the Plaintiff failed to succeed to the Defendant’s obligation of loans until the date of the remainder payment due to the following reasons: (a) the amount of the lending limit changes due to depreciation of the instant building; and (b) the Plaintiff was unable to pay the intermediate payment and the remainder.
C. The Defendant sold the instant real estate to D on January 21, 2013, and completed the registration of ownership transfer on February 24, 2013.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 3 (including virtual numbers), witness E and F of the first instance trial, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Defendant alleged by the parties concerned was unable to perform the obligation to transfer ownership to the Plaintiff by selling the instant real estate to D and completing the registration of transfer of ownership. Since the Plaintiff cancelled the instant sales contract by delivering a copy of the complaint in which the declaration of intention of cancellation was written, the Defendant returned KRW 90,000 to the Plaintiff as restitution to the Plaintiff, and the Defendant agreed to pay the down payment to the Plaintiff a reasonable amount of damages for the person who failed to perform the obligation under the instant sales contract. Thus, the Defendant agreed to pay the down payment to the Plaintiff.