계약금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Determination as to the cause of claim
A. On July 16, 2015, the Plaintiff asserted that the Plaintiff concluded a sales contract with the Defendant on July 28, 2015, setting the sales price of KRW 170,000,000, down payment of KRW 17,000,000, the remainder of KRW 153,000,000, and the remainder of KRW 153,000,000, and the remainder of KRW 28, 2015.
The plaintiff paid 17,00,000 won to the defendant around that time.
Since then, the Plaintiff and the Defendant agreed to cancel or cancel the contract due to disputes arising from the boundary confirmation issues, management issues, etc. of the above land.
However, the defendant paid only KRW 10,000,000 among the down payment to the plaintiff, and did not return the remaining KRW 7,000,000.
Therefore, the defendant is obliged to pay the plaintiff KRW 7,000,000 and damages for delay.
B. As alleged by the Plaintiff, the fact that the Plaintiff and the Defendant concluded a sales contract and the fact that the Plaintiff paid the down payment to the Defendant is not a dispute between the parties.
However, with regard to the agreement that the plaintiff and the defendant agreed to cancel or cancel the contract, the written evidence Nos. 2 and 3 are as follows. ① The plaintiff alleged that the plaintiff agreed to clarify the boundaries prior to the payment date of the balance payment, but the defendant did not comply with the agreement, because the boundary confirmation problem of the land subject to purchase and sale was caused by the agreement, but there is no evidence to acknowledge the above oral agreement and there is no other evidence to acknowledge the fact of non-performance of the contract (In light of the evidence No. 1, it can be recognized that the plaintiff and the defendant agreed not to raise any objection, even if the land, building area and boundary on the public record are different from the actual ones), ② The defendant argued that he would waive the down payment to the plaintiff and cancel the contract.