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(영문) 인천지방법원 2019.10.23 2018나71970
계약금 반환
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff and C concluded a lease agreement with respect to the entire first floor of the building owned by D (hereinafter “instant real estate”) and tried to open a veterinary hospital.

B. The instant real estate is divided into “F” restaurant operated by the Defendant (hereinafter “instant store”) and “H” restaurant operated by G.

C. On December 23, 2017, the Plaintiff and C entered into a contract with the Defendant to acquire or transfer (facilities) the total premium of KRW 53,000,000 and the down payment of KRW 8,000 with respect to the instant store (hereinafter “instant premium contract”) and paid KRW 8,00,000 ( KRW 4,000,000, KRW 34,0000) to the Defendant. On the same day, G and the said “H restaurant store” concluded a contract to acquire or transfer the total premium of KRW 2,00,000 with respect to the right (facilities) and had the real estate broker keep KRW 2,00,000 in custody.

On December 24, 2017, the Plaintiff and C entered into a lease agreement with D and the instant real estate amounting to KRW 50,000,000, monthly rent of KRW 350,000 (hereinafter “instant lease agreement”) and paid KRW 5,00,000 to D as down payment.

E. After entering into the instant lease agreement, the Plaintiff and C knew that the seizure amount of the Busan Customs’s office established in the instant real estate reaches KRW 10 billion. On January 16, 2018, the Plaintiff and C contacted D and Licensed Real Estate Agents with the invalidity of the instant lease agreement.

F. On January 19, 2018, a licensed real estate agent, who arranged a contract for the instant real estate, returned KRW 2,000,000 for the premium for the instant restaurant store in custody to the Plaintiff. D returned the down payment of KRW 5,00,000 to the Plaintiff on February 2, 2018.

G. On February 19, 2018, C transferred to the Plaintiff a claim for the return of down payment following the invalidity of the premium contract in this case, and notified the Defendant thereof.

[Ground of recognition] Unsatisfy, A No. 1.

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