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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 31, 2017, C entered into a sales contract with a licensed real estate agent D who was delegated by the Defendant to enter into a sales contract for a building F in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”), which is owned by the Defendant, with KRW 167,00,000, and KRW 17,000,000, the down payment of KRW 150,000,000, on the date of the contract, and the remainder of KRW 150,000,000, respectively, paid the Defendant the down payment of KRW 17,00,000 on the same day.
The main contents of the instant sales contract are as follows.
Matters of special agreement
2. The remainder shall be the balance settlement interval after setting aside the house on a deposit basis; and
(A) is determined by the consent of the seller. The lease contract shall be 145 million won and the lease contract shall be entered into with the present seller.
B Deposit of down payment into GH bank
B. On April 25, 2017, I sent content-certified mail to D, a real estate agent, the seller of the instant sales contract and the seller’s agent, around April 25, 2017. The main contents are as follows.
The purchase price: 167,00,000 won for lease on a deposit basis: 17,000,000 won for lease on a deposit basis ( account transfer on a contract date): The balance that the seller pays to the purchaser (a balance settlement under a contract made by the seller): 5,000,000 won: (1) The seller shall treat the balance in the calculation of tax base in the calculation of tax:
② On January 31, 2017, the buyer was named C, but on April 25, 2017, the buyer was changed to A limited liability company (this money was the money of A limited liability company).
C. Since then, around May 4, 2017, I newly prepares a sales contract that changes the buyer of the instant sales contract from D to the Plaintiff from D to D, and prepares a “payment memorandum and guarantee letter” stating that “The seller handles any balance with the deposit received by the seller under the lease contract, and guarantees the payment of the down payment” (hereinafter “the instant guarantee letter”).