매매계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 2, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase from the Defendant at KRW 168,000,000, the purchase price of KRW 301,00,000 (hereinafter “instant real estate”).
The instant sales contract was arranged by the F Licensed Real Estate Agent G of the F Licensed Real Estate Agent Office, and the Defendant’s mother H represented the Defendant.
(hereinafter referred to as the “Defendant” in combination with the Defendant. (B)
At the time of the conclusion of the instant sales contract, the instant real estate was one of the collateral mortgages in the name of the Industrial Bank of Korea (hereinafter “mortgage”) with the maximum debt amount of KRW 89,40 million on October 2, 2014, and one of the collateral mortgages in the name of the maximum debt amount of KRW 30 million on November 14, 2014, respectively, and the lessee was residing in the lease deposit of KRW 10 million and KRW 350,000 on monthly rent.
C. The specific contents of the instant sales contract are as follows.
1) Of the purchase price of KRW 168 million, the intermediate payment of KRW 17 million shall be paid on the date of the contract, and the intermediate payment of KRW 30 million shall be paid on November 4, 2015; however, the Defendant agreed to cancel the right to collateral security under the name of the first in receipt of the intermediate payment; the remainder shall be KRW 121 million after the Plaintiff succeeded to the right to collateral security of the Industrial Bank of Korea; and the remainder shall be paid on November 10, 2015 with the remainder of the remainder after taking over the secured obligation after deducting the said right to collateral security was deducted from the said right to collateral security; provided that the remainder shall be paid on the remainder of the remainder. [The first sales contract of evidence 2 of the Industrial Bank of Korea shall be KRW 89,40 million, which is equal to the maximum debt amount; the remainder of the purchase amount shall be KRW 3160,000,000,000,000,000,000,000 won,0 won,00.