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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. Around May 1, 2013, C, an intermediary assistant to B real estate brokerage offices run by the Defendant, solicited D to purchase E forest land E 7,077 square meters (hereinafter “instant forest”) in Namyang-si, Namyang-si, and D told F, acting for the Plaintiff, this fact.
B. C announced F to the site where the land, which is the subject matter of sale, was located, and strongly solicited F to purchase the forest of this case at a low price of KRW 320,000,000.
F confirmed that the subject matter of sale introduced by C was a image that can be found on the Internet, and as a result, it became known that the location of the land confirmed on the spot is different from that of the forest of this case.
F pointed out the same fact, C strongly argued that the subject matter of the sale it introduced and the forest of this case were the same as the forest of this case, and H, etc. represented by the owner G of the forest of this case was also the same.
C. Accordingly, on May 3, 2013, the Plaintiff and H concluded a contract with the Plaintiff to purchase KRW 320,000,000 for the instant forest land (hereinafter “instant contract”) on the following grounds: (a) the subject matter of sale introduced by C to verify the location of the instant forest by surveying the said forest after entering into a sales contract; and (b) the subject matter of sale, consistent with the instant forest land, was to be paid an intermediate payment (hereinafter “instant agreement”).
The Plaintiff remitted total of KRW 50,000,000 among down payment and intermediate payment of KRW 32,000,000 as of the date of the conclusion of the instant sales contract, to H’s account.
C requested a boundary restoration survey of the instant forest land on May 8, 2013, and the survey conducted on May 8, 2013, it was confirmed that the instant forest land was located in a place less than 1 km away from the object of sale introduced by C.
Accordingly, C and the seller promised to return the above KRW 50,000,000, which was recognized and paid as the invalidation of the instant sales contract, and then the seller promised to return the said KRW 3,000,000 on May 10, 2013, and KRW 20,000,000 on July 8, 2013;