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(영문) 서울동부지방법원 2020.05.12 2019가단122777

매매대금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2009, the Defendant entered into a contract with the Plaintiff on the following (hereinafter “instant sales contract”) for the sale of a lot of land and its ground buildings in Suwon-si, Suwon-si, the Defendant owned by the Defendant:

The purchase price of KRW 3,00,000,000 for the down payment of KRW 100,000 for the contract and the intermediate payment of KRW 700,000 for the intermediate payment of KRW 700,000 for the intermediate payment of KRW 2,200,000 for the payment on February 5, 2010 shall be deducted from the intermediate payment and KRW 100,000 for the special agreement on February 10, 2010: KRW 10,000 for the rental deposit shall be deducted from the intermediate payment, and the balance of KRW 2.2 billion shall be paid in lieu of the balance by the buyer who succeeds to the loan received at the point of

B. On January 25, 2010, the Plaintiff and the Defendant drafted a letter of agreement to revise the terms and conditions of the instant sales contract. On March 11, 2010, the Defendant was expected to claim damages from E on the ground that damage was incurred due to E that the Plaintiff represented the Plaintiff, and the instant sales contract was not properly implemented due to sending a certificate of content that the Plaintiff would not pay the said amount of damages from the settlement amount that the Plaintiff would have paid to E.

C. Since May 20, 2010, the Defendant sold the instant real estate to FF Co., Ltd. (G Co., Ltd.) and sold the same year.

6. 25. The registration of ownership transfer was completed.

[Ground of recognition] Each entry in Gap evidence 1, 7, and 10 (including paper numbers)

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff paid the down payment to the Defendant. The Plaintiff received the instant real estate from the Defendant and disbursed approximately KRW 300 million for remodeling costs, such as the first, the first, and the sixth floor underground. The damages incurred by the Plaintiff due to the Defendant’s nonperformance of the sales contract amounting to approximately KRW 500 million (= KRW 200 million by double the down payment). Thus, the Plaintiff demanded the Defendant to return KRW 100 million, which is a part of the down payment, to the Defendant.

B. First of all, the Plaintiff’s transfer of the instant real estate from the Defendant to the remodeling cost.