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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 18, 201, the Plaintiff’s summary of the Plaintiff’s assertion: (a) purchased an apartment unit C in Sejong Special Self-Governing City at KRW 183,200,00 from the Kudong Construction; (b) paid the down payment in lieu of the down payment of KRW 1832,00,000; and (c) sold the said right to sell; and (d) paid the down payment for the Kudong Construction; and (b) signed and sealed the documents, etc. for securing the right to sell; and (c) the Plaintiff sold
After that, D entered into a resale contract with the Defendant for the apartment purchase right, determined the purchase price of KRW 43.2 million (=the down payment of KRW 18.32 million). Since the Plaintiff did not receive the premium of KRW 25 million from the Defendant, D is obligated to pay the said amount to the Plaintiff.
2. As to the determination, the Defendant asserted that the Plaintiff’s claim should be dismissed, since the Defendant paid 4,3320,000 won in full to D, which was delegated with all authority, such as the receipt of the purchase price, from the Plaintiff.
In full view of the facts in dispute, the facts in dispute, Eul evidence Nos. 1 through 6 (including the paper number), and the purport of the entire pleadings, the defendant filed a lawsuit against the plaintiff for the change of the name of the buyer, and asserted that the plaintiff refused to implement the procedure for the change of the name of the buyer when the plaintiff demanded additional premium even though the plaintiff paid 4,3320,000 won to the plaintiff. Accordingly, the defendant's winning judgment became final and conclusive because the plaintiff failed to receive the above payment due to the simultaneous performance defense, etc., and thereafter, the defendant filed a claim for damages of the amount equivalent to the part and late payment due to the plaintiff's delay of the obligation to change the name of the buyer. The plaintiff did not assert that part of the purchase price was not paid even at the time of this lawsuit.
According to the above facts, the Plaintiff delegated D with all rights, such as the receipt of the sale price.