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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 30, 2015, the Plaintiff entered into a sales contract with the agent E (hereinafter referred to as “C”) for the 262.6 square meters (hereinafter referred to as “instant land”) owned by Nonparty C, for the purchase price of KRW 248,850,00,000, and paid the down payment of KRW 25,850,000 on the day of the sales contract, and the intermediate payment of KRW 50,000 on May 28, 2015, the remainder payment of KRW 173,000,000 was paid on June 30, 2015, and the down payment and the intermediate payment was paid.
B. The Plaintiff’s rescission of the sales contract and the Defendant’s sales contract concluded with F Licensed Real Estate Agents G, and the Defendant introduced the instant land that the Plaintiff intended to purchase from F Licensed Real Estate Agents G, and agreed to cancel the sales contract between the Plaintiff and C and purchase the instant land at the same price.
Since then, on June 8, 2015, the Plaintiff and C returned to the Plaintiff the sum of KRW 75,850,000,000 for down payment and intermediate payment received by C, and rescinded the agreement. On the same day, the Defendant and C concluded a sales contract with the Defendant to purchase the instant land in the amount of KRW 248,850,00, and paid in lump sum, and completed the registration of ownership transfer in the name of the Defendant.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2 through 4, 7, Eul evidence 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. Upon purchasing the instant land on June 8, 2015, the Defendant agreed to construct a house with a sample of the building located at H on that ground to pay the Plaintiff the construction cost of KRW 580,000,000 as the construction cost, and the down payment of KRW 150,00,000 to the Plaintiff until June 22, 2015. The Defendant did not pay the down payment to the Plaintiff, and the Defendant refused to implement the said agreement. The Defendant is liable to compensate the Plaintiff for damages due to nonperformance of the obligation, and the damages therefrom are 35,00,000,000, and the amount of damage.