계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around September 2007, the Plaintiff’s summary of the Plaintiff’s claim: (a) obtained the Defendant’s corporate certificate of seal impression, business registration certificate, and (b) concluded a sales contract with the Defendant as of December 30, 207, with regard to the purchase price of Gosung-gun apartment (hereinafter “instant apartment”) 309, which the Defendant constructed, after confirming the Defendant’s power of attorney; and (c) concluded a sales contract with the Defendant as of December 30, 2007, on which the date of designation of occupancy was designated.
However, the new construction of the apartment in this case was delayed, and eventually, the compulsory auction of real estate regarding the apartment 309 was commenced, and on August 6, 2014, the defendant lost ownership and the obligation to register ownership transfer with respect to the apartment 309 was impossible.
Therefore, the defendant is obligated to return KRW 112,00,000 received from the plaintiff.
2. The following facts, which are acknowledged as a whole by taking into account the entries in Gap's certificate Nos. 3, 4, and 6 (including paper numbers) and the whole purport of the pleadings, are: although the contract for sale of the apartment of this case was prepared on or around September 2007 under the name of the plaintiff and the defendant, the plaintiff is found to have not been the defendant but the defendant's certificate of the corporate seal impression Nos. 6 (Evidence No. 3-2) and the registration certificate (Evidence No. 3-2), and the contract for sale was prepared. There is no evidence to prove that Eul presented the defendant's power of attorney and confirmed that the plaintiff was receiving KRW 12,00,000 from the plaintiff directly or through B; even if it is possible to mislead the defendant's corporate seal impression and business registration certificate as delegated by the defendant to enter into the contract by attending the defendant's corporate seal impression No. 112,00,000 won.