(영문) 춘천지방법원 2016.06.23 2015가단1324

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(영문) 춘천지방법원 2016.06.23 2015가단1324

매매대금등 반환

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1. (B) Defendant B’s share of KRW 30,00,000 and its share of KRW 30,000 to September 30, 2015.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1-1, 2, 2, and 1-2, and Eul evidence No. 1-1, and there is no counter-proof.

The Plaintiff requested the Defendant C (hereinafter “Defendant C”) to mediate the sales contract in order to purchase part of the land (hereinafter “instant land”).

B. On October 15, 2007, the Plaintiff paid KRW 30,000,000 to Defendant C as contract deposit.

C. Defendant C delivered KRW 10,000,000, out of the above KRW 30,000,000, to Defendant C via Defendant D (hereinafter “Defendant D”) who is the owner of the instant land, and the remaining KRW 20,000,000 was delivered to Defendant D on October 17, 2007.

Defendant D used to alter earth and sand around the end of 2007 while keeping 20,000,000 won as above.

2. The plaintiff's assertion

A. The primary claim is that Defendant B received KRW 10,00,000 as the down payment for the instant real estate, and the remainder KRW 20,000,000,000 from his agent. As such, the Plaintiff and Defendant B concluded a sales contract with respect to the instant real estate between the Plaintiff and Defendant B, and the Plaintiff offered payment of KRW 40,000,000,000 for the remainder, but Defendant B did not complete the registration of ownership transfer. As such, the Plaintiff did not complete the sales contract in accordance with the application for modification of the purport of the instant claim and the cause of the claim, and revoked the sales contract in accordance with the application for change of the cause of the claim and the claim, and claimed the Defendant B to pay the down payment of KRW 30,00,00

As to this, Defendant B did not delegate the sale and purchase of the instant land to Defendant C, and asserted that around March 4, 2008, Defendant D concluded a sales contract for the instant land and received KRW 10,000,000 as down payment from Defendant D.

(b) preliminary.

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