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Reasons
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(영문) 수원지방법원 여주지원 2018.10.18 2017가단5107
매매대금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) D, upon the Plaintiff’s delegation, has concluded a sales contract for the F, G, and H land owned by the Plaintiff with E, and embezzled KRW 200 million for the down payment received from E without delivering it to the Plaintiff. The Plaintiff filed a complaint against D, and D, under the circumstances that: (a) as the Plaintiff’s son, prior to being detained, the Plaintiff would have the Plaintiff repaid the amount of embezzlement with the sales payment; (b) the Plaintiff confirmed the consent between I and Defendant B’s agent D on January 7, 2008 and operated 201 (hereinafter “instant building”).

3) As to the sales contract (hereinafter “instant sales contract”)

The Defendants drafted a loan agreement and withdrawn a complaint against D. The Defendants agreed that “The price for the building of this case shall be KRW 160 million on the date of the contract, and the remainder shall be paid KRW 70 million on May 30, 2008, and the remainder shall be paid KRW 70 million on the date of the loan agreement, and the remainder shall not be paid until May 30, 2008, while Defendant B and I did not perform the above agreement, even though they agreed that “the remainder of KRW 70 million shall be recognized as the place where loan was paid, and the transfer of the registration shall be completed, as the above obligation was currently impossible, and thus, the Plaintiff shall be liable to compensate the Plaintiff for damages equivalent to the purchase price pursuant to the performance of the contract.” Furthermore, D’s obligation to the Plaintiff and the actual owner of the building of this case shall not be liable to the Plaintiff as KRW 160,000,000,000.

At the time of the preparation of the instant sales contract, Defendant B, a husband, awarded the right of representation to K by entrusting the above Defendant’s seal imprint design, etc.

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