양수금등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
1. The reasoning of the court's explanation concerning this case is as follows, and the part concerning the reasoning of the judgment of the court of first instance is identical to that of the part concerning the defendant's argument stated in Section 2 of Chapter 3 of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On November 30, 2010, the Defendant asserts that the instant sales contract was concluded with D, an executor company, and the settlement agreement premised on the rescission or cancellation of the agreement, stating that “any waiver of return of KRW 20,000,00, out of the 35,627,800,000, already paid contract deposit and option cost” with D, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.
In full view of the purport of each of the statements and evidences Nos. 5 and 6, E, the original purchaser of the instant sales contract, intended to give up KRW 20,000,000 among the down payment paid to D, E, and terminate the instant sales contract on the same day. The object of the instant sales contract is recognized as assets of D, and can be recognized as having been sent on the same day. Meanwhile, according to the evidence Nos. 1, 3, and 6, according to the above statement, E, the purchaser of the instant sales contract, transferred its status as the Defendant on July 9, 201, and the Plaintiff notified the Defendant of the remainder payment of the sales contract under the instant sales contract on November 16, 201, and ③ D, the Plaintiff sent its notice to the Defendant on November 29, 2012 to the effect that it would return its claim for the instant sales contract to the Defendant, including the content of the instant sales contract to the Defendant, which was transferred to the Defendant on 13, 2012.