계약금반환 청구의 조정신청
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 3:
On September 16, 2015, the Plaintiff: (a) sold the instant partitioned building No. 106 of the first floor (hereinafter “instant partitioned building”) among the instant building between Defendant B and Defendant B, who had conducted the business of newly constructing and selling the Gangseo-gu Busan building (hereinafter “instant building”) on September 16, 2015; (b) KRW 90 million (the value-added tax on the amount equivalent to the section for exclusive use among the section for exclusive use and the site ownership shall be separate); (c) out of the said price, the down payment of KRW 90 million shall be paid on September 16, 2015; and (d) if the Plaintiff delays the payment of the sale price (repaid and balance) for at least one month from the date of payment, the Plaintiff entered into a contract with Defendant B with a reasonable period of time to demand performance; and in such cases, the contract may be rescinded upon the contract to vest the down payment to Defendant B with the penalty for breach of contract (hereinafter “instant contract”).
B. Around August 26, 2015, Defendant B established Defendant C Co., Ltd. (hereinafter “C”) for the purpose of real estate sale business, etc., and Defendant C completed the registration of ownership transfer for the purpose of sale on January 2, 2017, on March 31, 2017 (transaction price of KRW 852,80,00) to E.
2. The assertion and judgment
A. (1) After the Plaintiff’s assertion, Defendant B requested the Plaintiff to newly conclude the instant sales contract by changing the seller of the instant sales contract to Defendant C, and notified the Plaintiff of the cancellation of the instant sales contract on July 14, 2016. The Defendant B, on January 2, 2017, registered the preservation of ownership on the instant partitioned building in the name of Defendant C, and on February 18, 2017, the instant real estate to E, a third party around February 18, 2017.