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Reasons
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(영문) 인천지방법원 2015.02.06 2014가단14411
계약금등반환
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1. The Plaintiff:

A. Defendant B: (a) KRW 40,000,000 and for this, KRW 5% per annum from April 1, 2014 to February 6, 2015; and (b)

Reasons

1. Basic facts

A. On August 208, 2008, Donggin D, who represented Defendant B, was 6,600 square meters (2,000 square meters, hereinafter “instant real estate”) out of 7,636 square meters (2,310 square meters, both parties are 2,310 square meters) of the land E in Incheon-gun, Incheon-gun, Incheon-gun, Incheon-do around August 20, 2008.

(2) On the other hand, the instant real estate constitutes a blind spot and a land transaction permission zone.

3) On September 5, 2008, Defendant C indicated the Plaintiff as the agent of Defendant B (the “Plaintiff and two others” in the written contract, and this refers only to the Plaintiff, F, and G as joint buyers or for convenience.

B) As to the instant real estate, the sales contract between the Plaintiff and the Plaintiff, setting the sales price of KRW 430 million and the down payment of KRW 70 million and selling the said down payment (hereinafter “instant first sales contract”).

(4) The special terms and conditions of the instant sales contract stipulate that “20 million won out of the contract amount shall be paid at the time of conclusion of the contract, and the remainder of KRW 50 million shall be deposited into the Defendant B’s account, the seller.”

5) Upon entering into the 1st sales contract of this case, the Plaintiff paid KRW 20 million to Defendant C, and the Defendant C again paid it to H participating in the development of the instant real estate. B. Around September 9, 2008, Defendant B’s agent agreed to rescind the instant 1 sales contract with the Plaintiff to modify the details of the 2nd sales contract, and again, concluded a sales contract with the Plaintiff to sell the instant real estate amounting to KRW 430 million with the sales price as KRW 70 million (hereinafter “2 sales contract of this case”).

2) On that day, the Plaintiff paid KRW 20 million to Defendant B as down payment. C. The agent of Defendant B was around September 10, 2008 following the conclusion of the instant secondary sales contract.

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