매매대금반환
1. The defendant shall return from the plaintiff the works listed in the list of the attached works, at the same time, KRW 145,00,000 to the plaintiff.
1. Basic facts
A. The Plaintiff is engaged in the sales of art works with the trade name of C, and the Defendant was a person who operates E in Gangnam-gu Seoul Metropolitan Government D, and the Plaintiff became aware of the Plaintiff’s purchase of works from the Defendant with the introduction of F around February 2015.
B. On February 29, 2016, the Defendant sent a telephone to the Plaintiff, “G works 25 were held, and time is expected to report and determine whether to purchase the work.” On the same day, the Plaintiff confirmed the work indicated in the Schedule of Attached Works (hereinafter “instant work”). However, on the grounds that there is no written appraisal of the said work, the Defendant did not have any written appraisal of the said work, and thus, the Defendant stated that “the said work is a work that would have no written appraisal since the original director had the possession of the work from the front line.”
C. The Plaintiff: (a) purchased the instant work after the appraisal by the Korea Institute of Property Appraisal (hereinafter “Appraisal”); (b) however, the Defendant believed the Defendant’s horse to return the amount of the work when it is found to be forged after the appraisal of the work; (c) paid the instant work in advance to the Defendant; and (d) received the instant work on March 2, 2016, and issued a receipt from the Defendant that “the value of the work shall be returned if the work is determined after the appraisal.”
On March 3, 2016, the Plaintiff requested the Appraisal Board to appraise whether the instant work was a good, and on March 4, 2016, the Appraisal Board determined the instant work as a good for the following reasons.
H G G [Ground for recognition] without dispute, Gap evidence Nos. 1 through 3 (the defendant is not the defendant's private person and the defendant's private person under Gap evidence Nos. 1 and 2, but there is no evidence to recognize it. The number of evidence is included), each fact inquiry results against the Korea Art Appraisal Association of Arts in this Court, and the purport of the entire pleadings.