logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2015.09.16 2014가단11501
계약금 반환
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 8, 2014, the Plaintiffs entered into a sales contract with the Defendants on the purchase price of KRW 730,6230,000,000, and the remainder of KRW 686230,000,000 for the real estate stated in attached Table No. 1, and paid the Defendants the down payment of KRW 10,000,000 to each of the Defendants on the same day.

B. On May 8, 2014, the Plaintiffs entered into a sales contract with Defendant G on May 8, 2014, setting the sales price of KRW 1,164,00,000 for the purchase price and the remainder of KRW 9,644,00 for the real estate stated in attached Table 2, and paid KRW 2,00,000 for the down payment to Defendant G on the same day.

(a) In both paragraphs (a) and (b) of this case, hereinafter referred to as “instant sales contract”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, each entry, witness I and J respectively, and the purport of the whole pleadings

2. The Plaintiffs’ assertion and the Defendants concluded the instant sales contract on the premise that each of the real estate listed in the separate sheet (hereinafter “instant real estate”) can be constructed on the ground, and that it is impossible to construct each of the instant real estate thereafter.

Such legal restrictions or obstacles constitute defects in the subject matter of sale, and the Plaintiffs cancel the instant sales contract by serving a duplicate of the complaint of this case.

In addition, if it was known that the construction of the instant real estate was impossible, the Plaintiffs did not conclude the sales contract, and this constitutes an error in the important part of the sales contract, and the Plaintiffs are revoked on the ground of mistake.

On the other hand, the defendant G agreed to return the down payment to the plaintiffs around August 1, 2014.

Therefore, the Defendants are obligated to return the down payment of the instant sales contract to the Plaintiffs.

3. The following circumstances, which are acknowledged by the evidence and the purport of the entire argument prior to the determination, are, namely, the special agreement at the time of the instant sales contract, stating that “land shall be sold and sold at present,” and the Defendant’s broker of the instant sales contract.

arrow