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. Basic facts

A. Between the Plaintiff and C, on April 28, 2015, the Plaintiff sold 980 square meters (hereinafter “instant land”) prior to Gyeongnam-gun, Chungcheongnam-do to C in the purchase price of KRW 85,500,000,000, and the down payment of KRW 10 million was concluded on April 28, 2015, the contract date, and the remainder of KRW 75,50,000,000,000 was to be paid on June 15, 2015 (hereinafter “instant sales contract”).

B. The defendant is a person operating the E Licensed Real Estate Agent Office, and the sales contract of this case was mediated.

C. On April 28, 2015, C paid to the Defendant the down payment of KRW 10 million under the instant sales contract with the Plaintiff’s consent.

The defendant paid to F the remainder nine million won, excluding one million won, out of the above money.

F paid to the Plaintiff KRW 3 million out of the aforesaid KRW 9 million, and the remainder of KRW 6 million to the Plaintiff is as follows:

B. 1) A. D. On September 1, 2015, C filed a lawsuit against the Plaintiff seeking compensation for damages with the purport that “The instant sales contract was not implemented due to any cause attributable to the Plaintiff, and thus, sought payment of KRW 20,000,000,000,000,000,000 of the down payment,” which is the double payment of the contract (Seoul District Court Decision 2015No3580, Jun. 5, 2015). E. during the instant lawsuit, an agreement was reached between the Plaintiff and C, and the Plaintiff paid KRW 15,00,000 to C, and C submitted a written withdrawal of the lawsuit. Accordingly, the said lawsuit was concluded on December 29, 2015.”

2. Judgment on the plaintiff's assertion

A. Under the summary of the argument, the instant sales contract was rescinded due to the Defendant’s mistake, and the Plaintiff paid damages for KRW 15 million to C.

The Defendant shall pay to the Plaintiff KRW 12 million (i.e., the above damages KRW 15 million - KRW 3 million which the Plaintiff received as part of the down payment).

1. This.