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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The deceased C (hereinafter “the deceased”) owned the real estate listed in the separate sheet (hereinafter “the instant real estate”) before birth, and the Plaintiff operated “D” as a manufacturer of assembly metal products under the name of the deceased from the part of the said real estate until July 2014.
B. On March 4, 2014, the Deceased entered into a sales contract for selling the instant real estate in KRW 1,773,700,000 for the price and received KRW 150,000 for the down payment on the day of the purchase and sale contract. E asserts that the sale and sale contract was cancelled due to the deceased’s mistake on the ground that the deceased did not resolve the problem of the tenant’s intention to assume responsibility at the time of the above sale and sale contract, and filed a lawsuit for the payment of KRW 300,000,000 for the down payment (Tgu District Court Seo Branch Branch of Seo-gu District Court 2014, 2410), and on May 28, 2014, the instant real estate was provisionally seized (the same court 2014Kadan30211, hereinafter “instant provisional seizure”).
C. On September 17, 2014, the Deceased sold the instant real estate to Jsung M&C Co., Ltd. and completed the registration of ownership transfer following the following date, and on September 18, 2014, the Daegu District Court deposited KRW 300 million deposit money for the provisional seizure of this case as the amount of money KRW 1574,00,000 on September 18, 2014.
Meanwhile, the Deceased paid KRW 500,500,000 in total to the Defendant on June 5, 2014, and KRW 500,500,000 in total, on July 22, 2014, and KRW 249,000,000 on September 17, 2014, and KRW 196,50,000 on September 18, 2014.
E. The Deceased died on October 11, 2014. At the time, the foregoing provisional seizure deposit was entirely made to the deceased’s active property, and the Plaintiff, the Defendant, the F, and G succeeded to the Deceased.
F. In the lawsuit against the return of the down payment between E and the deceased’s children, including the Plaintiff, took over the deceased, and on December 24, 2014, the “the deceased’s litigants shall jointly and severally pay 130,000,000 won and damages for delay calculated at the rate of 20% per annum from January 24, 2015 to the day of full payment.”