원상회복금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On September 17, 2015, the Plaintiff entered into a sales contract with the Defendant at the C Licensed Real Estate Agent’s Office (Licensed Real Estate Agent D)’s Office, Kimhae-si, Kimhae-si, the Defendant, and 2,353 square meters of land, F. F. 17 square meters of land and ground buildings (hereinafter “instant real estate”).
2) As to the sales contract, the sales contract was concluded (hereinafter “instant sales contract”).
(A) The contents of the instant sales contract are as follows: 1.2 billion won (the KRW 1.2 billion on the date of the contract, the balance KRW 1.1 billion on the day of the contract) and the rescission of the contract: B: Before the buyer pays the intermediate payment (if there is no advance payment, the remainder) to the seller, the seller shall reimburse the amount of the down payment, and the buyer may cancel this contract by giving up the down payment (Article 5.C) and the buyer may cancel this contract (Article 5.C). In the event of a default on the terms of this contract, the seller or the buyer may demand in writing the person who has defaulted and rescind the contract.
In addition, the parties to a contract may respectively claim damages from the rescission of the contract to the other party, and the Plaintiff, unless otherwise agreed on the damages, shall be deemed as the basis for compensation for damages (Article 6(2)). The Plaintiff, on July 31, 2015, remitted the sum of KRW 100 million to the Defendant, including KRW 20 million, and KRW 80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
2) On October 15, 2015, the Plaintiff heard the circumstances that the Defendant’s representative director G could not pay the balance of the sales and demanded the return of the down payment. However, the Plaintiff only told that the return of the down payment cannot be made from G. (3) The Plaintiff drafted a written waiver of the following contents at the C Licensed Real Estate Agent’s Office:
(hereinafter referred to as “instant waiver”).