계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 12, 2016, the Plaintiff: “The Plaintiff, as the buyer’s agent and the performance guarantor, entered into the instant sales contract with Defendant C, the agent and performance guarantor, and the real estate sales contract (hereinafter “instant sales contract”) with respect to the seller’s agent and performance guarantor, the seller’s agent and performance guarantor, as the Plaintiff did not perform his/her obligations under the instant sales contract; thus, the Defendants jointly and severally rescinded the instant sales contract, and thus, the Defendants should return to the Plaintiff KRW 120 million, which is the down payment paid pursuant to the instant sales contract.
2. As to this, the Defendants asserted that the parties to the instant sales contract were Defendant B and Nonparty F, and that the Plaintiff did not have the right to rescind the instant contract or to file the instant claim.
3. We examine the following facts: Nonparty F, the purchaser of the instant contract, is Nonparty F’s “agent and performance guarantor” under the instant sales contract, and cannot be said to be the party having the right to claim damages following the cancellation of the instant sales contract.
The plaintiff's claim of this case is without merit to examine further.
The plaintiff's claim is dismissed.