계약금반환 및 손해배상청구
1. The part concerning defendant E of the judgment of the first instance shall be revoked;
2. Defendant E shall pay 80,000,000 won to the Plaintiff.
Based on the facts, Defendant B and C, on January 17, 2006, sold 8 parcels of land, including Defendant E and E, and Leecheon-si G land (hereinafter “instant land”) to I for KRW 317,00,000, and I entered into a sales contract with Defendant B and C for purchase.
On April 19, 2006, Defendant D, an agent of F (hereinafter “F”), sold this amount in KRW 400,000,000 to F, and F entered into a sales contract with Defendant B and C to purchase it. Defendant D paid KRW 40,000,000 on the same day the down payment to Defendant B and C.
Defendant B and C completed the registration of ownership transfer with respect to the instant land to H, which was put by I on June 23, 2006.
[Based on recognition, between the plaintiff and the defendant Eul, Eul, and Eul: Gap evidence Nos. 1, 3, 4, 5, 7 (including provisional number), Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and between the plaintiff and defendant Eul: The plaintiff, as the actual representative of F, and the actual purchaser of the land of this case, was to purchase the land of this case to defendant Eul and Eul through defendant Eul, the agent of Eul, and the plaintiff was to purchase the land of this case to the defendant Eul and to bear the down payment of 40,000,000 won, down payment, 40,000,000 won.
However, on June 23, 2006, Defendant B and C completed the registration of ownership transfer of the instant land to H.
Defendant B and C entered into a double sales contract on the instant land. The Defendants incurred damages equivalent to KRW 80,000,000, which is a double amount of down payment, due to false statements, etc. in the course of trial and investigation. Thus, the Defendants jointly and severally held the Plaintiff liable for damages due to nonperformance or tort.