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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of
2. Determination on the cause of the claim
A. The plaintiff asserts that the defendant delivered 250,000,000 won to the seller as down payment, etc., and that 50,000,000 won out of which the defendant received without authority and acquired it through deception or embezzlement. Thus, the plaintiff is obligated to return the above 50,000,000 won to the plaintiff.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant, as well as the down payment of KRW 50,000,000,000, by deceiving the Plaintiff to the seller that he would pay the down payment to the seller, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s above assertion is rejected.
B. 1) The plaintiff asserts that even if the defendant received KRW 50,000,00 from the plaintiff for the introduction of the contract, the real estate sales contract was null and void since it became null and void since it became conclusive after the introduction of the contract, the agreement on the introduction of the contract is also null and void. The defendant is obligated to return the above KRW 50,00,000 to the plaintiff. The defendant argues that he received KRW 50,000 from the plaintiff for the introduction of the contract after the conclusion of the real estate sales contract was completed, and that he received KRW 50,00,000 from the plaintiff for the introduction of the contract, the plaintiff's assertion on this part is not accepted without examining it, since there is no evidence that the validity of the contract on the introduction of the contract differs depending on the validity of the subsequent contract.2) In addition, since the contract on the introduction of the contract was finally null and void, the agreement on the introduction of the contract was also null and void as it was also null and void.