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(영문) 서울중앙지방법원 2019.11.27 2018가단5174148
계약금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 3, 2007, the Plaintiff, as the cause of the instant claim, purchased D Apartment E (hereinafter “instant apartment”) from the Defendant on September 3, 2007, and paid 183,850,000 won of total supply amounting to 20% of the total supply amount on the day as contract deposit. The sales contract was cancelled due to the failure to pay the remainder. Of the amount paid by the Plaintiff, 91,928,600 won of total supply amount shall be reverted to the Defendant as penalty, and also 91,921,40 won of total supply amount shall be reverted to the Plaintiff.

2. The plaintiff asserts that the subject of the contract in this case is the defendant, taking into account the overall purport of the statement and arguments as to the apartment of this case's apartment of this case's supplied by the plaintiff, the seller (A) is the F, G, and H, and the defendant is stated as the contractor, and in relation to the cancellation of the contract, the contract can be cancelled if the contract is not performed after the peremptory notice is given by the "B", and 10% of the total amount of the supply price belongs to "A" as penalty, so it is difficult to recognize that the subject of the contract in this case's apartment of this case's apartment of this case is the defendant.

As the Plaintiff paid the sales price under the instant contract to the Defendant, the proprietor of the business is the Defendant, but it is insufficient to recognize the Plaintiff’s assertion solely on the ground that the deposit account holder in the bank account, which is the place of sales payment, is the Defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit without examining further claims.

3. The plaintiff's claim is dismissed as it is without merit.

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