매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 29, 2016, the Plaintiff and one other entered into a sales contract with the Defendant for the purchase of KRW 1.48 billion and KRW 1.48 billion on the date of the contract, and the remainder of KRW 1.332 million on September 29, 2016 (hereinafter “the instant sales contract”). The Plaintiff paid the Defendant the down payment of KRW 148 million on the date of the contract.
B. The major contents of the instant sales contract and the special terms and conditions are as follows.
B E
C. At the time of the instant sales contract, the Plaintiff and the Defendant confirmed the fact that F, G, and H (hereinafter “F, etc.”) owned the instant land by owning the building on the instant land. On October 2016, the Plaintiff verified that “Inasmuch as at least two persons, other than F, etc., occupy the instant land by owning a building on the instant land, at least two persons, other than F, etc., occupy the instant land, the Plaintiff issued to the Defendant a certificate of the content that “The instant land was ordered from the said building owners, and then, ordered the entire land.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff believed that the Plaintiff was a joint purchaser to purchase the instant land jointly with the Plaintiff and entered into the instant sales contract with the Defendant, and paid a down payment of KRW 148 million to the Defendant, and the I concluded the instant sales contract on behalf of the Plaintiff and the joint purchaser, who is the buyer, on the ground that the Plaintiff and the joint purchaser to jointly purchase the instant land were not yet specified, and thus, the instant sales contract itself was not established.
Therefore, the defendant should return to the plaintiff the down payment amount of KRW 148 million.
(b) In addition, in addition to the present F, J, K, L, M, N,O.