매매대금반환
1. The defendant shall pay KRW 150,000 to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Comprehensively taking account of the overall purport of the statements and arguments made by Gap 1 and 2, the plaintiff entered into a sales contract with the defendant on May 6, 2005 with the content that the plaintiff purchases 33,058/34,512 shares of 34,512 square meters of Cheongju-si, Cheongju-si, the defendant owned by the defendant (hereinafter "the land in this case") for KRW 600 million, and paid KRW 150 million for the same day as the down payment and the intermediate payment. However, the defendant sold the land in this case to D on June 10, 2005, and completed the registration of ownership transfer on June 29, 2005.
According to the above facts, since the sales contract for the land of this case was in de facto impossible status, the above sales contract was lawfully rescinded by the delivery of a copy of the complaint of this case containing the declaration of intention of rescission, and the defendant is obligated to return the down payment and the intermediate payment 150 million won paid to the plaintiff due to the restoration to the original state following the above cancellation.
If so, the plaintiff's claim is justified.