구상금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. On November 25, 2010, the Plaintiff concluded the following sales contract with respect to the Jongno-gu Seoul E land and its ground (hereinafter “instant real estate”) owned by D as delegated by the Defendant.
(1) Sales amounting to KRW 315,00,000 (contract amounting to KRW 20,000,000,000 for intermediate payment of KRW 100,000 for intermediate payment of KRW 100,000 for contract, December 16, 2010, and any balance of KRW 195,00,000 for payment of KRW 195,00 for December 28, 2010: Seller (2): D (F) buyer: Plaintiff
B. On November 25, 2010, the date of the contract, the Plaintiff paid F the down payment of KRW 20,000,000,000, which is the date of the contract. On December 28, 2010, the Plaintiff completed the registration of ownership transfer under C’s name with the Defendant as to the instant real estate.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleading
2. Determination
A. According to the fact that the Defendant’s obligation to return was established, the Plaintiff concluded a sales contract with the authority to conclude a sales contract of the instant real estate delegated by the Defendant, and paid 20,000,000 won on behalf of the Defendant.
Therefore, the defendant is obliged to return the indemnity amount of KRW 20,000,000 to the plaintiff.
B. The defendant's defense 1) The defendant paid the plaintiff KRW 10,000,000 on October 22, 2010 and KRW 10,000,00 on December 22, 2010. Thus, the defendant paid all of the above KRW 20,00,000 to the plaintiff.
B) Preliminaryly, the Plaintiff, around September 7, 201, by deceiving the Defendant and by deceiving at least 39,000,000 won, was offset against the Plaintiff’s damage claim against the Plaintiff. 2) The Defendant received KRW 20,000,000 from the Defendant’s assertion against the Defendant’s assertion against the Defendant’s assertion against the repayment defense, as the fees, repair expenses, etc. of other real estate contract, and did not receive reimbursement of KRW 20,00,000.
Of the above money, ① KRW 10,000,000 was paid for registration expenses, such as the brokerage commission of real estate in Jongno-gu Seoul Metropolitan Government, the refund of deposit deposit, and the fees for certified judicial scrivener, and ② the repair expenses.