보관금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On October 1, 2016, the Plaintiff entered into the instant sales contract with the Defendant, a licensed real estate agent, to sell an apartment in Seocho-gu Seoul Metropolitan Government F (hereinafter “instant apartment”) owned by the Plaintiff at KRW 1 billion. However, the Plaintiff entered into a contract to pay the remainder of KRW 70 million on the date of the contract and the remainder of KRW 930 million on December 30, 2016 (hereinafter “instant sales contract”).
B. At the time of the conclusion of the above special agreement, the Plaintiff and C agreed to enter into the following special agreement. By October 31, 2016, the Plaintiff and C agreed to cancel all 4 cases, including 2 cases of compulsory commencement decision of compulsory sale of the apartment of this case, and 1 case of registration of seizure and provisional seizure, respectively, as to the instant apartment, which was completed in the registry A, until October 31, 2016, and the total of 3 cases of establishment registration and lease deposit are to be settled and cancelled on the balance date. 5 million won is deposited at the seller’s account on the contract date. 65 million won was deposited at the seller’s account on the contract date. 65 million won was deposited at the G real estate in charge of brokerage, and 65 million won was to cancel 4 registration completed in the registry B by October 31, 2016, and deliver the remaining amount to the seller after settlement at the same time. 20 million won was paid to the Plaintiff, and the remainder of the contract deposit was kept by the Defendant (hereinafter “the contract deposit”).
3. However, the Plaintiff failed to cancel four registrations, etc. of seizure until October 31, 2016 by the deadline for the above agreement, which was decided to cancel until October 31, 2016.
C. On November 1, 2016, the buyer of the sales contract: (a) sent to the Plaintiff, by November 15, 2016, a certificate to urge the Plaintiff to perform the contract in accordance with the terms and conditions of the instant sales contract; and (b) reached the Plaintiff at that time, thereby cancelling the instant sales contract.
The result of the relevant civil procedure 1 C is around December 2016.