기타(금전)
Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordering payment below shall be revoked.
The defendant.
Facts of recognition
A. On December 2018, the Plaintiff was aware of in order to purchase an apartment, and the Ulsan Jung-gu C Apartment D (hereinafter “instant apartment”) was introduced from real estate.
On December 3, 1983,000 won, part of the down payment (bank BF) 3.7 million won (bank BF) 3.7 million won
The remainder of the balance of 33,000,000 won (including advance payment) on the contract date, and the remainder of 168,000,000 won and the interest on the loan will be repaid and cancelled during the remainder of 15,000 won from February 15, 199 to February 28).
Since part of the down payment has the same effect as the down payment, if the contract is terminated, the seller may cancel the contract when he waives part of the down payment, and the buyer may cancel the contract when he waives part of the down payment
B. On December 3, 2018, the Plaintiff received the following text messages (hereinafter “instant text messages”) from E Real Estate, which had arranged for the sale and purchase of the instant apartment, and transferred KRW 3,000,000 in the name of the provisional contract deposit to one bank account under the name of the Defendant on the same day (hereinafter “instant provisional contract deposit”).
C. After exchanging the instant provisional contract money, the Plaintiff and the Defendant discussed the defects in the director’s foot and floor and whether to repair them, and the Plaintiff expressed his intention not to purchase the instant apartment on the part of E-real estate because they did not meet each other’s mutual intent.
On December 12, 2018, the Plaintiff sent a document verifying the content that the Plaintiff requested the return of the instant provisional contract amount to the Defendant. Accordingly, on December 17, 2018, the Defendant sent a document verifying that the instant provisional contract amount would be confiscated as the contract on the instant apartment was terminated due to the Plaintiff’s cause attributable to the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion and the Defendant concluded a sales contract on the instant apartment.