Defendant B’s KRW 160 million and interest rate of KRW 12% per annum from November 14, 2019 to the day of complete payment to the Plaintiff.

The facts that form the basis of the claim are described in the evidence Nos. 1, 3, and 6, and if the purport of the whole argument is visible, the following facts are recognized:

On July 10, 2015, the Plaintiff purchased the right to sell the leased housing lots (80 square meters, hereinafter referred to as “the instant housing site ownership”, and hereinafter referred to as “the instant housing site”) from H, the agent of Defendant B, for KRW 160 million.

(hereinafter “instant sales contract”). The Plaintiff transferred the down payment of KRW 60 million on the date of the contract, and the remainder of KRW 100 million on the 28th of the same month to H’s account.

Han Part H (hereinafter referred to as “the Deceased”) died on July 6, 2017, and the Defendants jointly inherited the deceased’s property.

The allegations by the parties and the plaintiff alleged by the parties have been finally and conclusively invalidated in accordance with the purport of the Supreme Court Decision 2016Da229393, 229409 Decided October 12, 2017. Accordingly, the defendant B, who is a seller of the right to sell the purchase price, is obligated to return the purchase price to the plaintiff.

I express my argument

(B) If Defendant B is not a party to a contract, the Defendants, the joint heir of the deceased who received the purchase price in preliminary form, should return it to the Plaintiff according to the inheritance share.

As to the plaintiff's primary argument, the defendant B did not bear the responsibility for the refund of the purchase price as it constitutes the deceased's act of acting as an agent without authority.

I asserts.

나 아가 예비적 주장에 관하여 피고들은 망인 또한 수 분양권 매매계약에 따른 대금의 귀속 자가 아니라며 상속인인 피고들이 이를 반환할 의무가 없다며 원고의 주장을 다툽니다.

Judgment

First of the validity of the instant sales contract, as alleged by the Plaintiff, the housing site to be supplied for the future before concluding the housing site supply contract is as it is.