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1. Defendant B shall pay 30,000,000 won to the Plaintiff and 20% per annum from August 27, 2013 to the day of full payment.
Reasons
1. Facts without dispute;
A. On July 22, 2013, the Plaintiff decided to purchase land and ground buildings E located in Changwon-si, Changwon-si, Changwon-si (hereinafter “instant real estate”) owned by Defendant C as a broker of assistant D’s brokerage office operated by Defendant C, and paid KRW 30,000,000 to Defendant B.
B. Around that time, Defendant B received KRW 30,000,000 from the Plaintiff as the down payment of KRW 660,000,000 in total amount of the instant real estate. This contract was made on July 28, 2013, and D is liable for Freal estate D if the said receipt was defective.
“The phrase was written.”
C. Since then, the Plaintiff asserted that there was a defect such as mycoto and external coheat in the instant building, and demanded the Defendants to return KRW 30,000,000.
2. According to the above facts of recognition as to the claim against Defendant B, the money paid by the Plaintiff to Defendant B is recognized as a pre-contract or provisional contract payment paid for the conclusion of a sales contract for the instant real estate. As long as a sales contract was not concluded between the Plaintiff and Defendant B, Defendant B is obligated to return the money to the Plaintiff without any legal cause.
As to this, Defendant B asserted that it did not have the obligation to return KRW 30 million as the Plaintiff unilaterally failed to perform the contract, and Defendant B’s above assertion appears to have been concluded a sales contract for the instant real estate, and Defendant B’s said contract was rescinded due to the Plaintiff’s fault and confiscated the said contract deposit.
However, as seen earlier, it is difficult to view that the Plaintiff and Defendant B concluded a sales contract on a conclusive basis.
In addition, even if the sales contract was concluded and already paid 30 million won, the down payment in the sales contract shall be considered as the down payment in accordance with Article 565 (1) of the Civil Code.