계약금반환
1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.
2...
1. Facts of recognition;
A. On September 16, 2013, the Plaintiff purchased 474,168,000 square meters E (hereinafter “instant real estate”) at the price of 474,168,000, and concluded a sales contract stating that the down payment of KRW 110,000 at the time of the contract shall be paid in March 30, 2014 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the down payment of KRW 110,00,000 to D.
At the time, even though the Defendants were not licensed real estate agents, they actually mediated the instant sales contract, and Defendant B received KRW 30,000,000 from D as fees, etc.
1. If B does not pay any balance on the date of the balance, then B shall pay the down payment to the buyer in lieu of B, and if this undertaking has become effective, the down payment shall be paid to B.
2.In the event that B pays any balance by virtue of paragraph 1 of the Special Agreement, the buyer shall pay the balance to B by causing the collateral security and paying the balance to B.
B. Defendant B entered the following matters in the “matters of the instant sales contract” column. The Defendants, at the bottom of the instant sales contract, indicated their names, resident registration numbers, addresses, and cellular phone numbers as guarantors, respectively, and indicated each of the following:
C. Since then, the Plaintiff did not pay the remainder of the instant sales contract, and the instant sales contract ought to be revoked by mistake by deception between D and the Defendants. On July 25, 2014, the Plaintiff filed a lawsuit seeking the return of KRW 110,000,000 for the down payment, which was paid by Suwon District Court 2014Kadan1043, Suwon District Court 2014 and the provisional attachment registration was completed on September 3, 2014.
1. Eul (referring to "D; hereinafter the same shall apply) shall pay 40,000,000 won to Gap (referring to "the father of the plaintiff; hereinafter the same shall apply) immediately on October 6, 2014.
2. Gap received the money set forth in paragraph 1 at the same time, Suwon District Court 2014Kahap68931 on the same day.