매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 10, 2015, the Plaintiff entered into a real estate sales contract between the Plaintiff and the Defendant: (a) divided the sales price of KRW 280 million and KRW 231,00,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000
(2) At the time, the above C was registered as co-ownership by the Defendant and Nonparty E, and the above D was registered as co-ownership by Nonparty F, G, H, I, J, K, K, and L.
3) In addition, the sales contract of this case (Evidence A No. 1) is accompanied by a document stating “matters of special agreement”. The attached document states that “The seller concludes a contract on behalf of the seller on behalf of seven persons,” along with the phrase stating that “H shall enter into the contract on behalf of the seller on behalf of the seller.” In addition, the sales contract of this case stipulates that the contract of this case shall be based on the down payment in the event of one party’s default under Article 6.
B. The Plaintiff paid the down payment and intermediate payment to the Defendant on October 14, 2015 pursuant to the instant sales contract, respectively, and KRW 30 million in intermediate payment around December 1, 2015.
C. On December 22, 2015, the progress of the subsequent contract and the Plaintiff’s declaration of intent to cancel the contract were divided into the M & N in C’s land and the N & N’s land into the D’s land at the time of residence. The aforementioned M and N’s land are the subject matter of sale determined in each of the instant sales contract. 2) On January 5, 2016, the Plaintiff completed the registration of transfer on the ground of the instant sales contract with respect to M & M’ 24 square meters in his/her name at the time of residence on January 5, 2016.
3. On January 12, 2016, the Plaintiff only performed the obligation of the Defendant to transfer ownership only with respect to M land among the subject matter of sale, and the Plaintiff is obligated to take the procedure of transfer of ownership with respect to N land.