약정금
The plaintiff's appeal and the additional selective claim filed by this court are all dismissed.
after the filing of an appeal.
1. Basic facts
A. On June 26, 2017, the Plaintiff agreed with the Defendant to purchase at KRW 380 million a 1,653 square meters, D 301 square meters, and 8 single-story livestock pens and Yangyang-dong (hereinafter “instant farm”).
B. On June 26, 2017, the Plaintiff: (a) paid KRW 19 million to the Defendant; and (b) prepared and delivered a written statement stating “the invalidation of KRW 19 million at the time when the certificate was known”.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 2-1, 2, Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion confirmed the intent to conclude a sales contract with the Defendant on the instant farm, and promised to conclude a sales contract on a regular basis following the following day, and remitted KRW 19 million to the provisional contract amount.
However, the actual area of the farm of this case was not 860 square meters, but 500 square meters, and the contract was not concluded due to the agreement on the acceptance of chickens and the acceptance of transaction partners raised by the defendant.
Therefore, the Defendant, by deceiving the Plaintiff on the actual size and status of the farm of this case, received KRW 19 million from the Plaintiff, and thus, the Plaintiff sought the cancellation of the above provisional contract with the Defendant, and sought the return of the said money. Since the sales contract for the farm of this case was not concluded selectively, the Plaintiff sought the return of KRW 19 million paid for the said sales contract.
B. On June 26, 2017, the Defendant asserted that the instant farm was concluded with the Plaintiff and paid KRW 19 million from the Plaintiff as down payment, but the said sales contract was not implemented due to the Plaintiff’s fault, and the Defendant rescinded the said sales contract.
Therefore, the above down payment is confiscated and the defendant does not have the obligation to return the above money to the plaintiff.
3. Determination
A. In order to establish a contract as to the establishment of a sales contract, the parties.