1. All of the Plaintiff (Counterclaim Defendant)’s principal claim and the Defendant’s counterclaim claim (Appointed Party, Counterclaim Plaintiff) are dismissed.

2...

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 2, 2017, the Plaintiff delegated F with all business affairs concerning H commercial contracts located in Gangseo-gu Busan Metropolitan City to F, who worked as an employee of a real estate sales agency.

B. On behalf of the Plaintiff, on June 2, 2017, F entered into a contract under which the Plaintiff purchased H building J (hereinafter “instant commercial building”) from an I Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) to purchase KRW 986,60,000, and the down payment is KRW 98,660,000 (hereinafter “instant sales contract”). The Plaintiff transferred KRW 20,000,000 to the Nonparty Co., Ltd.’s account as the down payment under the said sales contract, and KRW 98,660,000,000 in total, on June 2, 2017.

Since then on January 5, 2018, F paid KRW 80,000 to the Plaintiff.

C. On August 10, 2018, Nonparty Company sent a notice to the Plaintiff that “The instant sales contract was cancelled on the grounds that the advance payment is unpaid, and the down payment is reverted to Nonparty Company.”

On the other hand, F died on March 8, 2018, and the heir is the defendant C and children who are the spouse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 8, purport of the whole pleadings

2. Determination

A. On May 2017, F, the cause of the principal claim, stating that the Plaintiff would resell the said commercial building within three months and pay KRW 8,000,000 in the principal and profit of the sale price. Under the agreement with F, the Plaintiff spent KRW 98,660,00 in the name of the down payment and KRW 7,445,530 in the name of the value-added tax, out of the sale price of the instant commercial building, and received a refund of KRW 80,00,000 from F.

Therefore, the Defendant and the designated parties, who are the inheritors of F, are obligated to return to the Plaintiff the unpaid balance of KRW 26,105,530 (= KRW 98,660,000 - KRW 80,445,530 - KRW 80,000) out of the amount paid by the Plaintiff as investment and value-added tax, according to their inheritance shares.

B. The F, which caused the counterclaim, is the commercial building of this case.