매매대금반환
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
On December 11, 2014, the Plaintiffs concluded a contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) and D-ground detached houses at the Chungcheong-si. On the same day, the Plaintiffs paid KRW 140 million to the Defendant as the down payment.
The Plaintiffs failed to pay the balance by January 30, 2015, which is the agreed payment date, but the Defendant accepted the deferment of payment of the balance, and thereafter, the Plaintiffs and the Defendant agreed on a sales contract with respect to the continued payment, which was to pay the balance at KRW 1 billion on April 11, 2016.
Accordingly, the plaintiffs paid the purchase price in addition to KRW 100 million to the defendant on the same day, but on April 21, 2016, the defendant returned the above money to the plaintiffs as a check, and the defendant promised to the plaintiffs that "when disposing of the land, it shall return the down payment KRW 140 million which was received as the down payment."
Therefore, the defendant is liable to return the down payment received to the plaintiff pursuant to the above agreement.
Furthermore, at least, the Defendant made clear the intent to refuse the performance of the above contract, and the Plaintiffs have the duty to return the said money to the original state following the cancellation, as they expressed their intent to cancel the above contract.
Judgment
Plaintiff
Considering the following circumstances as to whether A is a party to a contract entered into with the Defendant, the parties who entered into a contract with the Defendant on December 11, 2014 with respect to the instant real estate are the Plaintiff B, taking into account the following circumstances, which may be acknowledged by comprehensively taking into account the respective descriptions of evidence Nos. 1, 2, and 1, 2, and 1:
① The evidence No. 1 states that Plaintiff B purchased the instant real estate from the Defendant in the amount of KRW 1.36 billion (the contract amount of KRW 140 million, the balance of KRW 1.220 million, and the remainder payment date of KRW 1.220 million). The Defendant’s seal is affixed to the seller’s name, next to the seller’s name, and the part of the buyer’s name and next to the buyer’s name.