계약금반환등
1. Of the judgment of the first instance, the part concerning the principal lawsuit and counterclaim against the Defendant (Counterclaim Plaintiff) is modified as follows.
Basic Facts
On September 28, 2013, between the Plaintiff and the Defendant, the Plaintiff, as his father and agent, entered into a lease agreement on the instant subparagraph E, with each of the terms that the Defendant, a general restaurant building owned by the Defendant, set at KRW 10 million, monthly rent of KRW 800,000,000, and the period from October 1, 2013 to September 30, 2015 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid KRW 10 million to the Defendant as a security deposit.
C sent a text message to the Plaintiff on August 18, 2016, stating that “The term of the instant lease agreement is three years on September 30, 2016, and KRW 20 million is increased from September 2016, and the term of the contract is extended to two years.” On September 12, 2016, the Plaintiff sent a text message stating “The Plaintiff deposited KRW 20 million with C on September 14, 2016,” and paid KRW 20 million to the Defendant on September 14, 2016.
On August 1, 2017, the Defendant prepared and delivered a letter of delegation to C on August 1, 2017, which delegated all acts such as the sale of the instant subparagraph E and the establishment of chonsegwon.
On August 14, 2017, the Defendant registered the establishment of the instant condominium G, G, the debtor, and the maximum debt amount of KRW 468,00,000,000 as a joint collateral with the F of the instant condominium building.
On November 12, 2017, the Plaintiff and the Defendant sent a text message to the effect that “A sales contract for the instant subparagraph E” between the Plaintiff and the Defendant sent to the Plaintiff on November 12, 2017, “A request to determine whether to purchase the instant subparagraph E by November 30, 2017.”
On December 29, 2017, the Plaintiff transferred KRW 20 million in total to G account (I) under the name of H, as the provisional contract amount for the sales contract for the instant subparagraph E.
On January 14, 2018, the Plaintiff between the Defendant’s agent C and the Defendant’s agent amounting to KRW 450 million.