(영문) 서울중앙지방법원 2019.08.28 2018가단5191624

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(영문) 서울중앙지방법원 2019.08.28 2018가단5191624

계약금 반환

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an implementer who runs the business of developing and selling E- Condominiums (hereinafter “instant containers”) after obtaining approval for the business plan with the Jeju Special Self-Governing Province tourism industry, and the Defendant B Co., Ltd. (hereinafter “Defendant B”) is a trustee who enters into a management-type land trust agreement with Defendant C and is entrusted with the progress of the said business.

B. On February 6, 2018, the Plaintiff entered into a contract with Defendant C (trustee), Defendant B (seller, and trustee) on the purchase price of the instant containers at KRW 861,00,000 with respect to the instant containers F (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 2 (Sales Price and Payment Method) (2) "A (referring to the plaintiff)" shall pay the amount by deposit without passbook in the designated account of the bank designated in Section 3 of this Article within the due date for payment as follows, and the payment by any method that is not received in the designated account shall not be recognized as a legitimate payment.

In addition, “sick” does not bear a duty to separately notify “A” of the date of payment, such as intermediate payments, etc.

Article 11-2 (Penalty) of the date of the designation of occupancy after the completion of the 12-month remainder (10%) after the contract of the intermediate payment (10%) three months after the contract of the second (10%) contract of the part payment (10%) and the second (10%) contract of the second (10%) contract of the second (10%) after the contract of the second (10%) part payment (10%) contract of the second (10%) three months after the contract of the second (10%) three months after the contract of the part payment (10%) of the second (1) contract of the second (10%) and the second (12) contract of the 12-month part payment (10%) after the contract of the 9-month part payment (10%) contract of the 10-month part payment (10%) is cancelled, the “disease” does not refund the down payment already paid by the “A”, and if the contract is cancelled due to a cause attributable to the “B” (hereinafter

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