계약금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. On March 26, 2014, the Defendant concluded a contract with C to sell each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) at KRW 510 million (i.e., the intermediate payment of KRW 10 million in the intermediate payment of KRW 40 million and KRW 460 million) (hereinafter “first sales contract”).
B. On March 26, 2015, the Defendant and C changed the date of the contract under the first sale contract to “ March 26, 2015,” and changed the purchase price to “490 million won” (=the remainder of KRW 10 million in the intermediate payment of KRW 50 million).
C. On June 13, 2015, the Plaintiff entered into a contract with the Defendant to purchase each of the instant real estate at KRW 550 million (i.e., the remainder of KRW 80 million in intermediate payment of KRW 50 million (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).
At the time D and E couple entered into a contract on behalf of the defendant.
At the time of the above sales contract, the plaintiff and the defendant agreed that "if the contract is not terminated, the contract amount must be returned as it is if the contract is not terminated"; hereinafter referred to as "the special agreement of this case".
(D) The Plaintiff was determined as a contract deposit, which was paid to the Defendant, KRW 10 million on June 13, 2015, and KRW 70 million on June 16, 2015, respectively, as part of the intermediate payment. The purchase price that the Plaintiff paid to the Defendant is KRW 120 million (=i.e., KRW 50 million on June 13, 2015) (i.e., KRW 70 million on June 16, 2015). The Defendant returned KRW 110 million on June 26, 2015, out of the purchase price paid to the Plaintiff as stipulated in the foregoing paragraph (d). The Defendant had no dispute over the registration of ownership transfer for each of the instant real estate to the Plaintiff on July 20, 2015, including the number of KRW 10,000,000 on June 14, 2015 (the same shall apply).
(2) The statements in the evidence Nos. 1 and 2, the testimony of the witness F, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff, the Defendant’s representative, D, and E, are the Plaintiff at the time of concluding the instant sales contract.