beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On January 9, 2015, the Plaintiff leased Songpa-gu Seoul Metropolitan Government C and 201 (hereinafter “instant housing”) owned by the Defendant to the Defendant for lease deposit KRW 350 million, and from February 27, 2015 to February 27, 2017, respectively, the Plaintiff paid the Defendant a down payment of KRW 35 million on the day of the said contract, and paid the remainder KRW 315 million to the Defendant on February 27, 2015, and received the instant housing from the Defendant on the payment date of the remainder. As to the remainder payment, the Plaintiff first repaid the actual maximum debt amount of KRW 168,00,000,000 for the instant housing to the National Bank, in lieu of the actual debt amount of collateral security established in the said bank, and paid the remainder to the Defendant, excluding the said remainder of debt amount.
(hereinafter “instant lease agreement”). B.
The Plaintiff paid the Defendant the down payment of KRW 35 million on the day of the contract.
C. On February 27, 2015, the remaining payment date, around 09:30, the Plaintiff received a request from the Defendant’s mother F, the Defendant’s agent, to prepare for the balance as a check, and the Plaintiff, by cashier’s checks, prepared for the balance KRW 315 million ( KRW 100,000,000 KRW 1,75,000 KRW 1,50,000 KRW 1,40 KRW 40,00 KRW 40,00 KRW 5,00 KRW 5,00 KRW 1,40,000 KRW 1,40 KRW 5,00 KRW 5,00 KRW 14:00 KRW 14:00 KRW.
Afterwards, the Plaintiff’s mother and the Defendant’s appearance of the instant house at the D Licensed Real Estate Agent’s Office and examined the status of the said house several times, and the time spent to close the banking business, the Plaintiff’s wife and E in the Plaintiff’s wife and the Plaintiff’s mother in the Plaintiff’s side, and G (D Licensed Real Estate Agent’s Representative) in the Defendant’s side, both F and the Defendant’s real estate agent in the Plaintiff’s side, are remaining.