계약금반환
1. The judgment of the court of first instance is modified as follows.
The defendant shall receive KRW 25,898,969 from the plaintiff at the same time.
1. Facts of recognition;
A. On February 4, 2010, the Defendant purchased from C the purchase price of KRW 21,100,00 from 100,000, from among the F apartments that the D Regional Housing Association newly built and promoted sale on the 79 parcel outside Seojin-gu, Chungcheongnam-gu, Seoul Special Metropolitan City. The Defendant purchased from C the sale price of KRW 101,90,00,000 from among the F apartments that have been promoted for sale on the 79 parcel. After then, the Defendant purchased the ownership of the said real estate and the real estate listed in the attached list from the purchase price to the D Regional Housing Association on April 10, 201.
1) In the place where the right to sell the apartment of this case is indicated: The sale price for the apartment of this case is paid in KRW 40,200,000 (including KRW 10,000,000, and KRW 2,000,000) in Jeonju-si, and KRW 79,000,000: Article 1 of the contents of the contract of the contract of the apartment of this case is paid to the defendant as follows.
Sales amount: 40,200,000 down payment: 40,200,000 won shall be paid on July 9, 2010, and Article 2 of the receipt shall be issued to the Plaintiff simultaneously with the receipt of the balance of the purchase and sale price of the apartment of this case, and the Defendant shall immediately submit other documents, such as a certificate of seal imprint, to the Plaintiff.
Article 3 Matters not entered in the sales contract of this case shall be governed by general practices.
The plaintiff shall be responsible for the interest, etc. incurred by failure to pay part payments, etc. on the payment date.
Article 5 Before the Plaintiff pays the intermediate payment (if there is no intermediate payment), the Defendant shall reimburse three times the down payment, and the Plaintiff may waive the down payment and rescind the instant sales contract.
Article 6. The sales contract of this case shall be faithfully performed by the plaintiff and the defendant, and the damage caused by the breach shall be civil and criminal liability.
Special agreement: Within 15 days after the defendant's qualification is maintained and completed due to the characteristics of the apartment of this case.