Of the instant lawsuit, the part of the claim for the return of the down payment and the part of the claim for the return of the down payment shall be dismissed.

1. Basic facts

A. The relationship between the parties 1) Defendant E was a juristic person engaged in the new hotel construction business, etc., which was established on February 14, 2014, and Defendant F was established on December 8, 1998 as a juristic person engaged in the construction industry, etc. for the purpose of performing land trust, and Defendant KF entered into a business agreement and an agency contract (hereinafter “instant agency contract”) with Defendant F to construct and sell a hotel on Jeju L, M, N land 1,171.10 square meters (hereinafter “instant hotel”).

The main contents of the agency contract of this case are as follows.

Article 22 (Method of Executing Funds) (3) Notwithstanding the provisions of paragraphs (1) through (2) of this Article and Article 23 (1) of this Article, with respect to the payment of taxes and public charges, substitute remuneration, interest on loans to the lender, and refund money to the buyer at the time of settlement of business, Defendant E, the contractor and the lender on the relevant date shall be withdrawn after prior notification of the funding execution plan to Defendant E, the lender and the lender on the relevant date.

Article 23 (Order of Execution of Funds) (1) If there is any competition in the performance of funds pursuant to Article 22, the defendant F shall be paid in accordance with the following order of priority:

【Prior Completion】

1. Taxes and public charges (including withholding taxes and corporate tax), registration and litigation costs, financial expenses (such as loan interest, overdue interest, fees, etc.), refund of the parcelling-out price (excluding penalty when a buyer breaches a contract) where a contract is cancelled, part payments loan of the buyer is handled to the fund management account and the part payments loan of the buyer is deposited into the fund management account, the amount of intermediate payment loan subrogated, part payments loan interest, substitute service fee, trust remuneration,

2. to 2.

4. Omitted.

B. The Plaintiffs enter into a sales contract and pay for the sales price (1) are as follows with Defendant E: