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(영문) 인천지방법원 2020.12.03 2020가단217327
계약금반환청구
Text

1. The Defendant (Counterclaim Plaintiff) shared KRW 60,000,000 with respect to the Plaintiff (Counterclaim Defendant) from September 4, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants jointly invest funds to build 30 houses of Seongbuk-gu Seoul Metropolitan Government F Multi-household (hereinafter “instant houses”) and completed registration of preservation of ownership with respect to each of 1/4 shares.

B. On October 16, 2018, the Plaintiff or G entered into each sales contract with the Defendants on the condition that each of the instant housing Hdong Nos. 1, J, K, L, M, N, I, J, K, H, H, H, and 10,000 won per each of the instant housing unit Nos. 240,000 won per contract date, each of the down payment of KRW 5,000,000 for each of the intermediate payment of KRW 5,00,000 for a contract date, and each of the remainder of KRW 225,00,000 for each of the remainder payment of KRW 225,00,000 for each of the instant housing units shall be paid on February 10, 2019, and on the said contract date, the Defendants paid the said KRW 100,000 for the total sum of the down payment of the said 10 units x0,00 won for the said x 00 won.

C. On November 2018, the Plaintiff agreed to accept the status of G’s contractor as to the entire sales contract. On November 2018, 2018, the Plaintiff changed the purchaser between the Defendants and the Defendants to the Plaintiff. However, on October 16, 2018, the sales contract form identical to the said sales contract form was formulated again for each unit unit of the instant housing (hereinafter “instant sales contract”) retroactively from October 16, 2018 (hereinafter the Plaintiff acquired the contractor’s status from G and entered into the said sales contract with the Defendants). The sales contract form for each unit of the above units contained the following special terms.

1. A contract shall be made in the current state of the facility;

2.In this Agreement the seller and the buyer are to fulfill their rights and obligations.

3. A contract shall be terminated on February 10, 2019 and the remaining household shall be determined after mutual agreement.

4. Any balance shall be paid in the form of a lessee's deposit; and

5.The intermediate payment shall be made by the buyer to the seller upon the completion of the lease contract;

With respect to the instant housing Hdong M, March 19, 2019, and Ndong subparagraph O, July 10, 2019.

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