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Reasons
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(영문) 서울중앙지방법원 2018.01.26 2016가합565780
매매대금반환
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants concluded a real estate sales contract between the Plaintiff and the Defendants 1) The Defendants concluded a real estate sales contract between the Plaintiff and the Defendants, 513.7 square meters of Pyeongtaek-si D-si and its ground reinforced concrete building, cement brick sloping roof, and six-story accommodation facilities and amusement facilities (hereinafter “instant real estate”).

Defendant C is the co-owner of the instant real estate on March 18, 2016, and Defendant C is a new bank (hereinafter “new bank”) as security for the instant real estate.

(1) A loan of KRW 2,140,000 from 2,140,000 (hereinafter referred to as the “instant loan”).

(2) On September 23, 2016, the Plaintiff entered into a sales contract with the Defendants to purchase the instant real estate at KRW 3,550,000,000 as a broker of a licensed real estate agent office of the E Licensed Real Estate Agent Office, with the following content:

2. As to the sale of the above real estate under Article 1 (Purpose) of the Terms and Conditions of the Contract, the Defendants and the Plaintiff shall pay the purchase price as follows by agreement.

The purchase price of KRW 3,50,000 shall be paid at the time of the contract and the intermediate payment of KRW 300,000,000 shall be paid at the time of the contract and paid at October 28, 2016.

Any balance of KRW 2,950,000,000 shall be paid on November 29, 2016.

Matters of special agreement

1. A contract which is a current state sales contract and is concluded after a certificate of registered matters, a land use plan, a building register attached to it and an on-site return;

5. Bank loans (2,140,000,000) shall be succeeded by the buyer; and

6. Of the down payment of KRW 300,000,000 on the day of the conclusion of the contract, KRW 200,000 on the day of this contract shall be paid, and the remainder of KRW 100,000 shall be deposited into the Defendants’ account on September 26, 2016.

3 The Plaintiff paid the Defendants KRW 300,000,000 in total, and KRW 100,000,000 on September 26, 2016, as down payment under the instant sales contract.

B. On October 2016, the Plaintiff asked the New Bank of Korea to accept the instant loan obligation.

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