계약금반환
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 53,00,000 and the interest rate of KRW 15% per annum from December 23, 2017 to the date of full payment.
1. Indication of claim;
A. On January 13, 2009, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into an agreement with DMCD Co., Ltd. on the business partnership, and carried out real estate development business under the name of “H” on the 13rd parcel outside Seocheon-si.
B. On February 23, 2010, the Plaintiff concluded a sales contract of KRW 285,274,906 (hereinafter “instant sales contract”) with regard to the sales price of the I building No. 8, Dong 108 (referred to as “J stores,” in the latter registry; hereinafter “instant shopping district”) located in Sincheon-si with Defendant B, and paid KRW 57,054,000 on February 23, 2010.
C. On February 23, 2010, F drafted with the guarantee of Defendant B a written confirmation of the following content to the Plaintiff:
[Certificate]
1. When F proceeds from the ownership of the following housing units, the following housing units shall be approved and run by the Plaintiff.
Among G, 8 Dong 108 square meters: 58,485 square meters, and sales area: 65,790 square meters, if the registration is not made until February 28, 2011, the amount of money deposited shall be compensated.
2.The payment of part payments shall be made by reporting the progress after the commencement of the main work.
The F completed registration of initial ownership in relation to the instant commercial buildings on March 21, 2014.
E. On June 10, 2014, Defendant C, D, and E drafted an agreement stating that “63,000,000 won for termination of the instant commercial building shall be paid within 20 days after the completion of the eight agreement to which the contract head office belongs” as the title “contract for the payment of down payment following the termination of the contract” to the Plaintiff.
F. As to the instant commercial building, after the Korea Land Trust Co., Ltd. completed the registration of ownership transfer on September 30, 2015, K completed the registration of ownership transfer on February 26, 2016.
G. On November 13, 2017, Defendant B prepared a letter of performance stating that “B shall pay KRW 10,000,000,000, out of KRW 63,000,000 to the Plaintiff, it shall be paid to the Plaintiff in 2016, and it shall be paid by March 31, 2018 for the remainder of KRW 53,000,000.”
H. According to the termination of the instant sales contract, the Defendants were to enter into the Plaintiff on 63,000.