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All claims that the plaintiff changed to exchange in this court are dismissed.
2. After filing an appeal.
Reasons
1. Basic facts
A. On April 11, 2005, the Plaintiff entered into a sales contract for the instant land, payment of the purchase price, and the return thereof. On April 11, 2005, the Plaintiff paid KRW 150,000,000 for KRW 1,70,000,000 for KRW 50,000 for the instant land (hereinafter “the instant related land”). On the same day, the Plaintiff paid the Plaintiff the down payment of KRW 10,000,000 for KRW 170,000 for the remainder.
2) Since then, the Plaintiff and the Defendant decided to cancel the above sales contract, and the Defendant was involved in the disposal of the instant land, a broker, and the instant land, in order to recover the down payment paid by the Plaintiff as above.
3) On or before June 3, 2005, the original Defendant and X confirmed the location of the pertinent land upon the introduction of AB, and entered the amount of the purchase price, and subsequently concluded a sales contract on June 3, 2005.
4) On June 3, 2005, the Plaintiff did not attend the sales contract for the pertinent land, which was concluded on the part of June 3, 2005, and on June 3, 2005, the Defendant and X entered into a sales contract for the instant land as a broker of AB, the seller and the purchaser of the instant land as X. The sales contract for the instant land shall be KRW 500 million, and the down payment shall be KRW 70 million. The contract date and the intermediate payment of KRW 200 million shall be paid KRW 230 million on June 16, 2005, and the remainder payment of KRW 230 million on June 29, 2005. At the time, the Plaintiff confirmed the Plaintiff’s intention by phoneing the phone to the Plaintiff, and concluded a sales contract for the instant land with X at will without the Plaintiff’s own intention.
However, in light of the fact that the Plaintiff, after the Plaintiff, drafted a sales contract with X on the same terms and conditions as the sales contract entered into with X, as well as the receipt on down payment and intermediate payment, and subsequently returned the full amount of KRW 510 million received from X, the above assertion is difficult to accept.
5) The defendant on June 7, 2005 to X.