매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion was delegated by Nonparty D, who worked as a broker assistant of the C Licensed Real Estate Agent’s Office, to request the Defendant to sell the building E in Ansan-si and 23 Dong 106 (hereinafter “instant real estate”). On April 15, 2016, the Plaintiff concluded a sales contract with the Defendant to sell the said real estate at KRW 15,00,000 as the Defendant’s representative, and the Plaintiff paid KRW 15,00,000 to Nonparty D in full. However, on April 4, 2017, the Defendant sold the said real estate to Nonparty F and completed the registration of ownership transfer on April 19, 201 and completed the registration of ownership transfer with respect to the Plaintiff. Accordingly, the Plaintiff cancelled the above sales contract against the Defendant and sought restitution of KRW 158,950,000 in total,00 for the purchase price and restitution of ownership transfer expenses.
2. In full view of the following facts and circumstances acknowledged by the purport of the entire pleadings, the judgment of Nonparty D, at the time of April 15, 2016, delegated a broker to sell the instant real estate to D who had worked as real estate intermediaries for KRW 15,00,00,00, based on the fact that it is recognized that the evidence submitted by the Plaintiff was insufficient to acknowledge that: (a) the Plaintiff and the Plaintiff provided the power to conclude a sales contract or to receive the sales price on April 15, 2016; and (b) whether the right to receive the sales price was legally granted from the Plaintiff; (c) there is no dispute between the parties; (d) the Plaintiff’s claim of this case on a different premise is no longer reasonable.
The defendant sells the real estate in this case at a price higher than the market price around spring of 2016 at KRW 155 million.