부동산매매계약 부존재 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The pertinent Plaintiff is the owner of the real estate listed in the attached Table (hereinafter “instant real estate”), and the Defendant asserts that the Plaintiff purchased the instant real estate from the Plaintiff.
B. On September 2016, the Plaintiff requested the C Licensed Real Estate Agent Office located in Gangnam-gu Seoul Metropolitan Government (hereinafter “C Office”) and D Licensed Real Estate Agent Office to sell the instant real estate, subject to KRW 640,00,000 as the purchase price to sell the instant real estate.
The Plaintiff, as a high school teacher, was unable to call during the business hours, was informed to C Office of the Plaintiff’s mobile phone number(F) in preparation for the Plaintiff’s fraudulent E mobile phone number(F).
C. The Defendant deposited KRW 10,000,000 in the Plaintiff’s account, through C Office, introduced the instant real estate as an article, and then desired to purchase the instant real estate.
On September 24, 2016, G of the C Office made a phone call to the Plaintiff E on September 24, 2016 to the effect that “A person who intends to purchase the instant real estate in KRW 600,000,000, and notified the Plaintiff’s account number to pay the down payment,” and “E notified G of the Plaintiff’s account number (Account Number: H: hereinafter “Plaintiff account”).
The defendant issued a cashier's check of KRW 10,000,000 on the side of C Office, and requested the defendant to deposit KRW 10,000,000 in the Plaintiff's account on behalf of the defendant. The representative of C Office and the licensed real estate agent deposited KRW 10,00,000 in the Plaintiff's account on September 24, 2016.
On September 27, 2016, the Plaintiff entered into a sales contract for the instant real estate between the Plaintiff and J, with the brokerage of D Licensed Real Estate Agent Office, sold the instant real estate in KRW 630,00,000,000, the sales price of which is KRW 20,000,000, out of the intermediate payment of KRW 540,000,000 on the date of the contract, and the intermediate payment of KRW 5,00,00,000 on the date of the contract, as the lessee of the instant real estate.