기타(금전)
1. Defendant C and Defendant D jointly share KRW 220,00,000 with respect thereto to the Plaintiff and Defendant C from September 3, 2015, respectively. < Amended by Presidential Decree No. 27505, Sep. 3, 2016>
1. Basic facts
A. 1) Defendant C and D are the Defendant B’s book (hereinafter “Defendant clan”) on January 23, 2015.
31,252m2 (hereinafter “instant land”) is indicated as the agent of the Plaintiff and Defendant Jung-gu, Daejeon Sung-gu, Daejeon, the ownership of the Plaintiff and Defendant Jung-gu.
A) Of the attached cadastral status, the sales contract for the sale of the part A with the indication of KRW 877 square meters in KRW 530,000,000, and the part B with the indication of the same drawing KRW 877 square meters in KRW 516,00,000 (hereinafter “each of the instant sales contract”).
(2) Upon entering into each of the instant sales contracts, the Plaintiff paid KRW 220,000,000 (A) total of the down payment under each of the instant sales contracts to Defendant C and D on the day of each of the instant sales contracts (=150,000,000 (A) and hereinafter “the down payment of this case”).
B. On August 31, 2015, the Plaintiff, Defendant C, and D agreed on each of the instant sales contracts on the grounds that the pertinent intellectual property status among the instant land subject to each of the instant sales contracts was not fulfilled due to the cadastral division and road maintenance as to the indicated Section A and B. (2) Defendant C and D rescinded each of the instant sales contracts on August 31, 2015 and drafted a written confirmation (Evidence A No. 2-1) stating that they agreed on each of the instant sales contracts to the Plaintiff and returned the down payment on September 2, 2015, and the cash storage (Evidence A-2-2) for KRW 220,000,000 of the instant down payment.
【Ground of recognition】 Facts without dispute, entries in Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff 1) The Plaintiff, who is a party to each of the instant sales contracts, concluded each of the instant sales contracts with Defendant C and D representing the Defendant clan, and paid KRW 220,000,000 for the instant down payment.
However, since each of the sales contracts of this case has been terminated, the defendant clan.