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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 28, 2014, the Plaintiff asserted that the Plaintiff: (a) made an agreement with the Defendant to purchase the purchase price of KRW 265,000,000 for a detached house C (hereinafter “instant sales contract”); (b) paid KRW 10,000,000 on the date of the contract; (c) remitted KRW 20,000,000, which is part of the down payment, on September 29, 2014; and (d) remitted KRW 20,000,000 as part of the intermediate payment on August 30, 2014.
On September 4, 2014, the Plaintiff intended to pay the remainder to the Defendant. However, the Defendant notified the Plaintiff of unilateral termination of the contract, and only KRW 40 million out of the amount paid by the Plaintiff.
Therefore, inasmuch as the instant sales contract was terminated due to the Defendant’s fault, the Defendant is liable to pay the Plaintiff the sum of KRW 30,000,000,000, which is a double of the down payment, and KRW 80,000,000, which is the sum of KRW 50,000,000, which is the down payment and the intermediate payment, to the Defendant. However, the Defendant is liable to pay the Plaintiff the remainder of KRW 40,00,000 and delay damages.
2. First of all the determination on the cause of the claim, comprehensively taking account of the following: (a) whether a sales contract for the right to sell the instant case was established between the Plaintiff and the Defendant; (b) each entry in the evidence Nos. 1 through 5; and (c) the purport of the entire pleadings, with the account under the name of the Defendant on August 28, 2014; (b) KRW 10,000,000 in the name of the Defendant on August 29, 2014; and (c) KRW 20,000,000 in the name of the Plaintiff on August 30, 2014; (d) the fact that the Plaintiff could not be found to have entered into the sales contract with the Plaintiff on September 5, 2014; and (e) the fact that the Plaintiff could not be found to have entered into the sales contract with the Plaintiff on September 6, 2014 as the account of each of the instant case’s accusation; and (e) the Plaintiff could not be recognized as the details of the sales contract against the Plaintiff.