매각대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On February 2, 2013, the Defendant concluded a sales contract for the removal of central heating facilities and the waste scrap metal (the instant sales contract) with respect to A apartment located in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul.
B. On the same day, the Plaintiff entered into a contract to succeed to the purchaser’s status under the above contract with B, and the Defendant also accepted it explicitly or implicitly.
C. On May 13, 2013, the Defendant decided to return KRW 65,00,000 out of the purchase price to B.
5. 22. A public notice was made.
Therefore, the defendant is obliged to pay 65,000,000 won to the plaintiff.
2. Determination
A. It is insufficient to recognize that the Defendant explicitly or implicitly consented to the contract of succession to the purchaser status under the instant sales contract between B and the Plaintiff on February 2, 2013 only with the testimony of Gap evidence No. 1 and witness D (in addition, it is doubtful whether the Defendant is the seller under the instant sales contract since the former or Gap evidence No. 1 was entered as the head of the management office rather than the Defendant, and it is doubtful whether the Defendant is the seller under the instant sales contract), and there is no other evidence to acknowledge it, and the Plaintiff
B. Even if the Plaintiff’s assertion was premised on the premise that the Defendant decided to return KRW 65,00,000 to the Plaintiff on May 13, 2013, the Plaintiff’s assertion is difficult to acknowledge that the Defendant decided to return KRW 65,00,000 to the Plaintiff solely on the evidence Nos. 4, 5, and 5 (each of the above documentary evidence contains that the Defendant decided to return KRW 65,00,000 to the Plaintiff), and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion as to this is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.