계약금등 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 29, 2017, the Plaintiff entered into a contract with the Defendant on November 29, 2017, under which the Defendant would be responsible for the completion inspection of the said building in the name of the Plaintiff (hereinafter “the instant sales contract”), and paid part of KRW 30,000,000 out of the down payment to the Defendant for a loan of KRW 110,000,000 to the Plaintiff’s F in lieu of the payment of the remainder down payment (hereinafter “instant contract”).
(B) In lieu of the payment of the above loan claim, the Defendant received from F an officetel located in G in Sungsung City (hereinafter “F”).
Then, on December 4, 2017, when the Plaintiff did not pay any balance under an agreement with the Defendant, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff on the ground of sale on the instant building site, and on the same day, completed the registration of ownership transfer with respect to D land in order to secure the remainder to the Defendant, the Plaintiff, the creditor, the maximum debt amount, KRW 200,000,000.
Meanwhile, on December 7, 2018, the Plaintiff completed registration of initial ownership in the name of the Plaintiff regarding the instant building (construction on July 4, 2018).
C. After the Plaintiff moved into the instant building, the Plaintiff demanded the Defendant to terminate the contract on July 12, 2018. On July 12, 2018, the Plaintiff filed a lawsuit against the Defendant seeking restitution and penalty upon the termination of the contract (Uwon District Court 2018Kahap1745).
On September 17, 2018, the Plaintiff concluded an agreement to cancel the agreement with the Defendant with the following content (hereinafter “instant agreement”), and withdrawn the lawsuit under the preceding paragraph.
When the plaintiff and the defendant terminate a sales contract under mutual agreement, they shall observe the following matters:
When the contract of sale is terminated, it shall be for housing.