Text
1. The primary Defendant is KRW 100 million to the Plaintiff and 5% per annum from February 1, 2015 to May 18, 2015.
Reasons
1. Facts of recognition;
A. On April 16, 2013, the Plaintiff and D entered into a sales contract with the primary Defendant to purchase KRW 29,60,000,000 for the purchase price (hereinafter “each of the instant lands”) at KRW 20,000,000,000,000,000 for Gyeonggi-do E-gun (hereinafter “the land before subdivision”). On October 23, 2014, the said land was divided into KRW 1,319,000 square meters and KRW 1,157,000,000,000,000,000,0000,000,000,000,000,000,000,000,000 won, and the Plaintiff agreed to bear D.
On the same day, the Plaintiff paid KRW 20 million to the Plaintiff, and KRW 10 million to the Plaintiff’s representative G (the principal defendant’s accommodation) as the down payment of the instant sales contract.
B. On May 16, 2013, the Plaintiff paid KRW 110 million as an intermediate payment of the instant sales contract to H (the primary defendant’s representative) as the intermediate payment to H (the main defendant’s representative).
C. On the other hand, on June 5, 2013, with respect to the share 1157/2476 out of each of the instant lands on June 5, 2013, the registration of transfer of ownership in the name of I (D) was completed due to trade as of June 4, 2013.
In March 2014, the Plaintiff was returned from the conjunctive Defendant KRW 30 million out of the KRW 130 million paid to the primary Defendant according to the instant sales contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the plaintiff's claim against the main defendant
A. The main point of the Plaintiff’s assertion is that the Defendant expressed his intention to cancel the instant sales contract to the Plaintiff through the conjunctive Defendant, and the Plaintiff also consented to the cancellation of the instant sales contract, and thus, the primary Defendant is obligated to return KRW 100 million to the Plaintiff.
(b) the agreement on the determination of the cause of the claim or the contract for rescission or rescission is whether or not the right of rescission exists.