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Reasons
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(영문) 대전지방법원 2020.12.09 2020가단101666
계약금반환 등 청구의 소
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1. The part of the lawsuit demanding the return of KRW 100,000,000 among the plaintiff's principal lawsuit shall be dismissed;

2...

Reasons

1. Facts of recognition;

A. On May 23, 2019, the Defendant entered into a contract with the Defendant to purchase the real estate listed in the separate sheet owned by the Defendant (hereinafter “instant gas station”) from the Defendant to KRW 1.2 billion (the intermediate payment of KRW 15 million, the intermediate payment of KRW 200,000,000, the remainder of KRW 985,000,000, and the remainder of KRW 215,000,000,000, out of the purchase price, and thereafter paid KRW 215,00,000,000 from June 7, 2019.

B. After a modified contract, the Plaintiff entered into a contract on August 20, 2019 with the Defendant to purchase the gas station of this case from the Defendant (a contract deposit of KRW 15 million, the first intermediate payment of KRW 400 million, the remainder of KRW 985,00,00) and agreed that KRW 215,00,00,000, which was already paid by C, shall be appropriated for the purchase price under the sales contract with the Plaintiff.

(A) On August 19, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 100 million, monthly rent of KRW 400,000,000, with the Defendant’s husband D and the Defendant’s husband E. In fact, D had purchased the gas station in order to operate the gas station. On September 2, 2019, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 100,000,000,000,000,000,000,000,000).

C. On September 25, 2019, the instant agreement (A11), which led to a dispute between the Plaintiff and the Defendant, sent a certificate of content that the Plaintiff returned the down payment of KRW 15 million and the intermediate payment of KRW 200 million that the Plaintiff paid to the Defendant. On October 2, 2019, the Plaintiff and the Defendant agreed to the following contents:

(A11, hereinafter “instant agreement”)

1. 10% of the total amount of the down payment (1.4 billion won) in a sales contract (A. 6) between the Plaintiff and the Defendant concluded on August 20, 2019.

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