beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 2, 2014, the Plaintiff and the Defendant concluded a contract with the Defendant to purchase KRW 320,000,000 of the Songpa-gu Seoul (hereinafter referred to as the “instant house”) apartment houses owned by the Defendant for the brokerage of licensed real estate agents C (hereinafter referred to as the “instant sales contract”).
B. According to the instant sales contract, KRW 32,00,000 of the sales price of KRW 320,000 shall be paid at the time of the contract, and the intermediate payment of KRW 177,000,000 shall be replaced by the Plaintiff’s succession to the lease deposit obligation to the lessee of the instant house (the instant house consists of the 301st floor of the instant apartment house building and the 116,000,000 won were owned by each lessee), and the remainder shall be replaced by succeeding to the secured collateral obligation of the Central Agricultural Cooperative under the name of the Plaintiff’s Central Agricultural Cooperative on the instant house, and the remainder payment date shall be determined on December 23, 2014, and the Defendant paid KRW 5,00,000 (=32,00,000 +17,0000 +16,0000 +16,0000,000 paid in excess to the Plaintiff.
C. The Plaintiff paid KRW 32,00,000,000 to the Defendant on December 1, 2014, and KRW 32,000,000 in total, including KRW 2,00,000 on December 2, 2014, as down payment under the instant sales contract.
Around January 8, 2015, the Defendant notified the Plaintiff that he/she will perform the obligation to pay the remainder under the instant sales contract and take over the registration procedure for ownership transfer. On January 13, 2015, the Plaintiff responded to the Defendant that he/she will be in preparation for filing a claim for the return of down payment because the explanation and notification of licensed real estate agents on the state and facilities at the time of the instant housing contract are completely different from the fact at the time of the instant housing contract. The Defendant notified the Plaintiff that he/she would cancel the instant sales contract on January 27, 2015, after demanding the Plaintiff to pay the remainder and take over the ownership transfer registration.
E. However, at the time of the instant sales contract, C prepared and appended to the sales contract.