대여금 등
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Facts of recognition
On September 16, 2014, the Plaintiff decided to purchase (hereinafter “instant apartment”) 7 Dong-dong 502, Gangnam-gu Seoul, Seoul (hereinafter “instant apartment”) owned by the Defendant from the D real estate of Gangnam-gu Seoul, Gangnam-gu, Seoul, to purchase, and specific matters concerning the sales contract are determined on September 23, 2014, to prepare a sales contract, and paid KRW 20 million to the Defendant as a provisional contract deposit.
At the time, the Defendant, upon receiving the provisional contract amount, prepared and issued to the Plaintiff a receipt stating that “the purchase price of KRW 1.845 billion and the contract date shall be determined by September 23, 2014.”
The Plaintiff had been employed to prepare a sales contract on September 23, 2014. However, the Defendant had the husband of the Defendant instead of the Defendant. The Plaintiff demanded consultation on the adjustment of the purchase price and payment method on the ground that the five collective security rights (a total of KRW 1.755 billion) was established on the instant apartment and that the Plaintiff was at a disadvantage compared to the surrounding market price. As such, the Defendant’s husband refused to do so and did not prepare a sales contract.
On September 24, 2014, the Plaintiff sent a content-certified mail to the Defendant that the sales contract was not concluded and that the return of the provisional contract was requested.
[Grounds for recognition] The facts that there was no dispute, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings, as seen earlier, the plaintiff and the defendant specified the subject matter of sale as the apartment of this case at the time when the provisional contract was received on September 23, 2014, and the purchase price was set at KRW 1.845 million, but the following circumstances acknowledged by the above facts or the evidence as revealed earlier were established, namely, in the apartment of this case, five collateral security established for the sum of the maximum debt amount reaches 95% of the purchase price, and the actual secured amount was not revealed until the scheduled date of this contract. Accordingly, at the time of receiving the provisional contract, whether the secured debt was acquired and the method of accepting it, and the payment method and deadline for the purchase price accordingly.