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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. (1) On September 10, 2017, the Plaintiff entered into an obligatory lease agreement (hereinafter “instant agreement”) with the Defendant to lease C Apartment D (hereinafter “instant real estate”) with a deposit of KRW 160 million (the contract amount of KRW 8 million shall be paid at the time of the contract, and the remainder of KRW 152 million shall be paid at the time of delivery of the instant real estate on September 28, 2017), and the lease period from September 28, 2017 to September 27, 2019 (hereinafter “instant agreement”).
(2) On August 17, 2015, the Defendant purchased the instant real estate from E Co., Ltd. to KRW 240,2950,000 (including value-added tax) for the purchase price, and intended to use the said security money for the payment of the purchase price.
(3) On September 8, 2017, the Plaintiff paid KRW 1 million out of the instant down payment, and KRW 7 million on September 10, 2017, and paid the remainder down payment. Of the remainder, the Plaintiff paid KRW 24 million out of the remainder to the money with KRW 24 million, and the remainder KRW 128 million was to receive the “rent Loan” from F.
(4) On September 28, 2017, which is the remainder date, the aforementioned loan was executed, and the amount of KRW 128 million was deposited directly with the Defendant’s account.
(5) In order to pay the sales price in full, the Defendant required an additional amount of KRW 60 million in addition to the above deposit, but failed to prepare it, and the Defendant stated on September 28, 2017 that the real estate agent G, which arranged the instant contract, failed to prepare the remainder of KRW 60 million, and thus, the ownership of the instant real estate cannot be transferred in its future.
They sent these circumstances to the Plaintiff, and said G would not pay the remainder of KRW 24 million under the instant contract to the Defendant.
(6) On September 28, 2017, the Defendant stated to the effect that the Plaintiff and G were unable to prepare the remainder of the purchase price, and that the aforementioned loan deposited into the Defendant’s account is an agreement between the Defendant and the said bank.