금원반환청구
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. Basic facts
A. Before the sale of the instant forest, the Plaintiff was divided into KRW 5,303 square meters of Pyeongtaek-si F Forest land (hereinafter “G forest land 1976 square meters and H forest 990 square meters”), part of August 26, 2015.
The forest of this case (hereinafter referred to as “instant forest”).
A) The owner of the instant grave is the Plaintiff’s children. 2) The J had six graves (hereinafter “instant graves”) under Nonparty I’s care and management on the instant forest.
3) The Plaintiff filed a lawsuit against I to remove the instant grave, but the judgment was finalized on April 16, 2015 (Seoul District Court Decision 2014Na6951 Decided March 27, 2015, etc.) on the ground that I had the right to grave base been recognized (i.e., removal of grave). (ii) around June 2015, the Plaintiff sold the instant forest land to C, D, and E with the introduction of Ma, where the village head was located, (i) around June 2015, the Plaintiff sold the instant forest land to C, D, and E (the specific sales contract of the Plaintiff was concluded by the JJ on behalf of the Plaintiff); and (ii) at the time, the sales contract was arranged by K (one), a broker assistant of the Defendant, a licensed real estate agent.
2) The Plaintiff’s agent and buyer C, D, and E concluded a provisional contract on June 26, 2015, and the buyer C, D, and E paid the down payment on the same day to the Plaintiff. The specific content of the provisional contract at the time is as follows. The subject matter of sale is as follows: KRW 1,235,00,000 (a contract deposit of KRW 123,500,000) shall be paid at the time of the contract and received at the time of the contract. The remainder of KRW 111,50,000 shall be paid at the time of the contract. The remainder of KRW 1,111,50,000 shall be paid at the time of September 4, 2015) ① All of the graves scattered in the instant forest shall be responsible for the remainder before the date I is the person having the right to the grave, and the purchaser of the land and the road shall pay KRW 120,00,00 for the purchase price of the grave at the expense for disposal.
(3) A buyer C2,337 square meters and a buyer D1.