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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 2, 2014, the Plaintiff entered into a sales contract with C to purchase one parcel (80 square meters) of the residential site located in Gangseo-gu Busan Metropolitan Government D (hereinafter “instant sales contract”); and the sales contract for this is referred to as “instant sales contract”); and the main contents thereof are as follows.
Sales proceeds: 135 million won: 15 million won shall be paid on May 2, 2014.
Any balance: 120 million won shall be paid on May 14, 2014.
The remainder of the sale price payment shall be borne and paid by the plaintiff.
Article 6 In a case where the seller has terminated this contract, he shall compensate the buyer twice the down payment and the payment amount of the down payment, and if the buyer has violated this contract, this contract shall be null and void, and no claim for the return of the down payment shall
Article 10 The joint and several sureties confirmed the provisions of the above contract, and shall compensate twice the total amount paid by the seller at the time of the default under Article 6 as damages.
B. C presented the Defendant’s certificate of personal seal impression and seal imprint certificate to the Plaintiff at the time of concluding the above sales contract, and stated the Defendant’s name, address, resident registration number, and contact number in the column of joint and several sureties of the above sales contract, and stated that the down payment will be remitted to the Defendant’s account.
The Plaintiff, on the same day, remitted the down payment of KRW 15 million to the Defendant’s account.
C. On May 14, 2014, the Plaintiff and C obtained authentication as to the above sales contract by notary public E office No. 1889 on May 14, 2014. During this process, C, with the Defendant’s seal imprint affixed, has prepared a power of attorney in the name of the Defendant and presented it to the Plaintiff and the employees of the said office.
The Plaintiff paid a balance of KRW 120 million to C on the same day. D.
C In November 28, 2017, the Busan District Court (2017dan4987) entered the Defendant in the instant sales contract as a joint guarantor on May 2, 2014.