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(영문) 서울고등법원 2019.08.22 2018나2073448
계약금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

Basic Facts

The Defendants, as co-owners of the Gangnam-gu Seoul Metropolitan Government F land and its ground buildings (hereinafter collectively referred to as “instant real estate”), entrusted the instant real estate to H Co., Ltd. around December 5, 2014.

On June 1, 2017, the Defendants concluded a sales contract for selling the instant real estate in KRW 21,500,000 (hereinafter “instant sales contract”) with Plaintiff B, C, and the said Plaintiffs as joint representative directors (hereinafter “Plaintiff A”).

The special terms and conditions of the instant sales contract include the following: “The current tenant church (the first floor, the second floor, the fourth floor, the fourth floor, and the fifth floor) shall be ordered by the seller before the remainder date:” and “the general conditions of transfer and takeover”.

Plaintiff

A transferred the down payment of KRW 2,100,000,000 to Defendant D’s account on June 2, 2017.

There were differences between the Plaintiffs and the Defendants regarding the burden of value-added tax on the purchase price of the instant sales contract.

Accordingly, the Plaintiffs and the Defendants concluded the instant sales contract on July 31, 2017 (hereinafter “instant implementation agreement”) with the content that the Defendants would cancel the agreement and refund the amount calculated by deducting the loss of rent income related to the termination of the rental agreement of the tenants from the down payment 2,100,000,000,000 which the Defendants already received to the Plaintiffs.

The main contents are as follows:

On June 1, 2017, the performance agreement entered into a sales contract with the Defendants on June 1, 2017, between the buyers and the Plaintiffs, practicing licensed real estate agents, and J-real estate brokerage offices (hereinafter “instant brokerage offices”). On June 2, 2017, according to the instant sales contract, the Plaintiffs confirmed on June 2, 2017, that they deposited KRW 2.1 billion with the Defendants, and agreed to do so in relation to the instant sales contract, as follows, under the principle of mutual trust and good faith.

- - Sound

1. The case.

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