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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. A. On May 26, 2014, the Plaintiff purchased part of 6,190 square meters (per approximately 1,872 square meters) from D and E’s co-owned real estate, as his/her agent, F in collaboration with one person who was not recorded in his/her name on the above ground, building on the ground, and J Forest, and 6,689 square meters from J Forest (the buyer indicated as “the Plaintiff et al., as “one person”).
(hereinafter “instant First Contract”). At the time, the entire purchase price shall be KRW 1.25 million, and the price for each object shall be divided by object; approximately KRW 1200,00 of the above C land shall be KRW 60 million; KRW 300,000 for a building; KRW 672 of the remainder of the above C land shall be KRW 100,000; KRW 250,000 for the said J land; KRW 125,50,000 for the said purchase price shall be paid on May 26, 2014; KRW 125,000 for the intermediate payment shall be paid on May 27, 2014; and KRW 100,000 for the remainder of the above land shall be paid after the completion of the building.
Accordingly, the Plaintiff paid to the seller the down payment of KRW 115 million in total and KRW 240 million in each payment date, among the down payment and the intermediate payment of KRW 125 million in total.
B. Meanwhile, around May 26, 2014, the Defendant entered into a sales contract with D and E to purchase 3,968 square meters of the above land (as approximately 1,200 square meters) and buildings on the ground thereof in KRW 900 million (hereinafter “instant contract”). The Defendant decided to deposit the down payment of KRW 10 million out of the down payment of KRW 50 million up to May 27, 2014 and pay KRW 40 million up to June 9, 2014, and paid the remainder of KRW 850 million by receiving a loan after completion.
Accordingly, the defendant paid 10 million won out of the down payment to the seller on May 27, 2014.
At the time, the defendant paid KRW 100 million in addition to the purchase price to F as the construction cost for road packing and building renovation.
C. Around May 27, 2014, F died in an acute refluence color, and Nonparty K, the wife of the deceased, was the above construction.