매매대금반환
1. As to each of the real estates listed in the separate sheet from F, including the Defendant (Appointed Party), the Appointed Party C, D, and E.
1. Facts of recognition;
A. On December 30, 2003, between the Plaintiff and the deceased G (hereinafter “the deceased”) indicated that the Plaintiff is an agent, a sales contract was prepared with the content that the real estate indicated in the attached Form (hereinafter “instant house”) owned by the deceased was sold to the Plaintiff at KRW 20 million, and the down payment of KRW 10 million was paid on the date of the contract, and the remainder of KRW 210 million was paid on January 12, 2004.
According to the special terms and conditions of the above sales contract, 100 million won shall be deducted from the remainder of the lease deposit, and the housing in this case was removed from the urban planning project during the first half of 2004 and entered into a sales contract on the condition that the right to move and the amount of compensation (e.g., KRW 150 million) accrue, the seller shall return the cash paid in the event of nonperformance of the terms and conditions, and the agent shall submit a certificate of personal seal for delegation and issue the balance to the person designated by the purchaser.
B. On January 13, 2004, the ownership transfer registration for the instant housing was made on the grounds of sale in the F.I.D. designated by the Plaintiff.
C. The above housing is removed from expropriation under an urban planning project, and the right to move in or compensation for such housing is not generated.
On January 7, 2010, the Deceased succeeded to the deceased’s property according to 1/4 ratio of shares of Defendant C, Appointor C, D, and E (hereinafter “Defendant et al.”) who is a child.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 3 and 4 evidence, respectively, 1, 2, Gap 5 and 6 evidence, Eul 2, and the purport of the whole pleadings
2. Determination:
A. The Plaintiff asserts that the Defendant, etc., the heir of the deceased, should return the purchase price paid by the Plaintiff due to the cancellation and redemption of the registration of ownership transfer in the name of F as to the instant housing according to a special agreement that the Plaintiff agreed to refund the purchase price at the time of the instant sales contract or the terms and conditions of the occurrence of compensation.
On this issue, the defendant et al.