매매대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The court's explanation on this part of the basic facts is set forth in Section 2 of the judgment of the court of first instance.
Sub-paragraph 3 of Paragraph 3, "20 million won" shall be "220 million won", and the second page 1 shall be "20 million won".
[30 million won] in the 5th sentence of Paragraph 5] shall be "30 million won (20 million won for down payment concerning a site and building + down payment of 10 million won for trees + down payment of 10 million won for trees)", and 2nd 1-b.
The reasoning of the judgment of the court of first instance is the same as that of paragraph (1), except for the dismissal of the "D" as "F", and therefore, it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the claim for the return of down payment following the cancellation of agreement
A. On June 201, the Plaintiff’s assertion 1) concluded the instant sales contract, and the Defendant agreed to return to the Plaintiff the down payment of KRW 30 million,00,000,000,000,000 to the Plaintiff upon the agreement between the Plaintiff and the Plaintiff on the cancellation of the instant sales contract. As such, the Defendant asserts that the Defendant is obligated to pay the down payment of KRW 30,000,000,00 to the Plaintiff according to the agreement. 2) As to this, the Defendant waivers the down payment and unilaterally cancels the instant sales contract as an exercise of the right of rescission reserved by cancellation, depending on personal circumstances, such as the occurrence of remodeling expenses not anticipated after the conclusion of the instant sales contract, etc.
B. The testimony of the witness E of the court of first instance is difficult to believe with the meaning of the testimony, and it is insufficient to recognize that the Defendant concluded to cancel the instant sales contract with the Plaintiff and to return the down payment KRW 30 million to the Plaintiff solely on the sole basis of the statements in the evidence Nos. 4-1, 2, and 5-1 and 2 of the evidence No. 4-1, 5-2, and there is no other evidence to acknowledge it. Thus, the instant sales contract cannot be deemed to have been rescinded.
Meanwhile, in concluding the contract, the down payment is money or other valuables delivered by one of the parties to the other.