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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On January 7, 2013, the Plaintiff entered into a sales contract to purchase Gangseo-gu Busan (hereinafter “instant sales contract”) owned by the Defendant and paid KRW 15 million to the Defendant for the provisional contract.
However, even though the Defendant could not execute the loan by accepting a part of the above real estate, it concluded the above sales contract with the intent to conceal such fact and defraud 15 million won as the provisional contract amount to the Plaintiff. The Defendant liable for the termination of the contract is obligated to pay the Plaintiff the above provisional contract amount of KRW 15 million and the penalty of KRW 15 million, as well as damages for delay.
Judgment
The Defendant entered into the instant sales contract with a view to acquiring KRW 15 million from the Plaintiff solely on the sole basis of the descriptions of the evidence No. 1 (Provisional Contract) and the evidence No. 2 (Summary Order)
It is not sufficient to recognize that the sales contract of this case was terminated due to the reasons attributable to the defendant, and there is no other evidence to recognize it.
Rather, comprehensively taking account of the overall purport of pleadings as to evidence Nos. 1, 2, 3, 7, and 12, the Plaintiff and the Defendant filed a criminal complaint against the Defendant on January 7, 2013, on the grounds that the Plaintiff and the Defendant concluded a sales contract for the land of Gangseo-gu Busan, which are owned by the Defendant, and paid KRW 15 million to the Defendant. According to the above provisional contract, the Plaintiff and the Defendant decided to complete the contract for the land until February 28, 2013, and they cannot be refunded if the contract is not completed by the above date. However, the Plaintiff did not enter into this contract until February 28, 2013, which was promised due to loan-related issues, etc., and on November 11, 2013, the Defendant did not cooperate with the Defendant to pay the purchase price pursuant to the instant sales contract, and the Defendant filed a criminal charge by deceptioning KRW 15 million from the Plaintiff.