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1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. J decided to purchase from E the Eunpyeong-gu Seoul Metropolitan Government F 24 square meters and G 156.4 square meters (hereinafter collectively referred to as “instant land”) owned by Dong, to newly build a multi-household house. A contract was concluded between the Plaintiff, a construction business entity, for a new multi-household house construction project. The Plaintiff agreed to complete the registration under the name of C, one half of the instant land and the building to be newly built, in order to secure the construction cost to be paid later from J.
B. Accordingly, around January 2013, C, the Plaintiff’s wife, purchased the instant land in KRW 710 million from E, and concluded a sales contract with the effect that KRW 50 million of the down payment shall be paid as KRW 10 million on the day of the contract, the intermediate payment of KRW 100 million on February 18, 2013, and the remainder of KRW 560 million on March 18, 2013 (hereinafter “instant sales contract”).
C paid a down payment of KRW 50 million that J lent from I to E on the day of the above contract, and D paid an intermediate payment of KRW 100 million.
C. Meanwhile, on February 18, 2013, C, D, and E, the buyer of the instant land, were to pay KRW 110 million to D at the time of the payment of the remainder of the instant sales contract, and become a single buyer. However, if C cannot pay KRW 10 million to D, it agreed to waive the down payment of KRW 50 million and lose the buyer’s status.
J did not prepare KRW 110,000,000 that C shall pay to D, and it borrowed KRW 200,000 from the Defendant to pay the money and the construction cost to D.
The Defendant directly remitted the money to J to C, and paid C the amount of KRW 190 million on March 18, 2013, and KRW 10 million on March 25, 2013, respectively.
E. After that, the Defendant becomes a party to the instant sales contract on behalf of D, and E is the Defendant and C on March 18, 2013.