반환금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion and the Defendant jointly operated the “D” licensed real estate agent office, and the Plaintiff purchased forest E- 132 square meters (hereinafter “instant land”) located in Gyeonggi-gun, Gyeonggi-do, which is expected to be developed, to sell the instant land at least twice the purchase price. The Plaintiff purchased 200 square meters out of the instant land at KRW 100,000 and paid KRW 100,000 to the Defendant.
In addition, the defendant and C promised to complete the registration of transfer of ownership of the land of this case which is F owned by the plaintiff, and to return the above KRW 100 million if it is not possible to complete the registration.
Since then, a voluntary auction procedure was commenced with respect to the instant land upon the application of a senior senior mortgagee, and on January 19, 2015, the ownership of the instant land was transferred to a third party.
Therefore, the defendant is obligated to pay to the plaintiff the amount claimed as the damages caused by deceptive act or as the agreed amount according to the return agreement.
2. According to the statements in Gap's evidence Nos. 1 through 4, witness G, and C's testimony, it is recognized that the plaintiff purchased 200 square meters of the instant land owned by F (hereinafter "the instant purchase") and transferred KRW 10 million of the purchase price to the financial account under each defendant's name after he/she purchased 200 square meters of the instant land owned by F (hereinafter "the instant purchase"), KRW 50 million of December 20, 201, and KRW 40 million of April 15, 201.
However, according to the statement Eul evidence No. 1-4 (the plaintiff's certificate of fact and the plaintiff's unmanned part is presumed to be the authenticity of the whole document because there is no dispute over the plaintiff's unmanned part. In this regard, the defendant asserted that he prepared a false statement between the defendant and C that he would pay money within 2 to 3 months from the conclusion of the above confirmation document, but the evidence submitted by the plaintiff alone is not sufficient to recognize it, and no other evidence to recognize it exists), the plaintiff's "I am a good ground for the president from 2010 to 2011."