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Reasons
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(영문) 대전지방법원 2018.02.08 2016가단35748
계약금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 17, 2006, D&D Construction Co., Ltd. (hereinafter “D&D Construction”) and B concluded a sales contract with the Defendant to purchase KRW 786,340,000 from Daejeon-dong, Daejeon-gu, and two parcels (hereinafter “instant land”) for the purchase price of KRW 786,340,00 (hereinafter “instant sales contract”), and paid KRW 78,640,000 for the remainder 70,70,000 on December 31, 2007, the Defendant paid KRW 78,640,00 to the Defendant on the date of the contract as the down payment. The relevant content of the instant sales contract is as follows.

(A) Under the contract, “A” and “B” refer to the Defendant, “B” and “B” and “B,” respectively. The purpose of this contract is to carry out a collective housing project (the purpose of this contract) as a contract aimed at carrying out a collective housing project, and both “A” and “B” are fully aware of and conclude the contract.

Article 10 (Matters of Special Agreement)

1. The conclusion of this contract refers to the consent of “A” to the implementation, method, etc. of “B”, and “A” must provide three copies of the written consent to land use and the written consent to land use to “B” simultaneously with the receipt of the down payment in order to promote authorization, permission and other related business related to the business of “B”.

4. The term “B” may change the name of the contractor when paying any balance.

B. On March 9, 2007, D&D and B transferred to F (hereinafter “F”) all rights related to the E business (a collective housing construction project and urban development project; hereinafter “instant project”) that is undertaken in D, including land under the instant sales contract and the said sales contract.

C. On September 19, 2007, F entered into a business license acquisition agreement with the Plaintiff and transferred the instant business right to the Plaintiff. On September 21, 2007, F received KRW 173,500,000 from the Plaintiff as down payment. The main contents of the said business license acquisition agreement are as follows.

(A) Under the contract, the Plaintiff, “B” refers to F. This refers to the purpose of the agreement).

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