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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 3, 2014, the Plaintiff entered into a sales contract to purchase part of the buildings newly constructed in Daegu-gu and one parcel (hereinafter “instant building”) from C Co., Ltd. (hereinafter “C”) with C’s representative director E orally with the purchase price of KRW 400 million (hereinafter “instant contract”), and paid KRW 20 million out of the down payment of KRW 20 million on the same day.
B. On June 9, 2014, the Plaintiff drafted a sales contract under the said contract with C, and entered the indication column of real estate as “(1) the remainder payment shall be made at the time of completion, (2) the sale area may be changed at the time of completion, (3) the share of the site may be distributed at the time of use inspection, and (4) the value added tax shall be separately distributed at the time of use inspection,” and on the same day, C paid the remainder of KRW 180 million among the down payment.
C. Of the instant building, retail stores No. 102 Dong 101, 102, 101, among the instant buildings, have been reduced to 34.84 square meters, unlike the initial design drawings, due to the construction of a passage for the disabled in accordance with the conditional building permission granted by the Jung-gu Office of Daegu Metropolitan City.
C around February 26, 2016, upon notifying the Plaintiff of the “the instant contract was rescinded due to the Plaintiff’s waiver of the contract” by content-certified mail, and thereafter, the notice reached the Plaintiff at that time. While C intended to return the down payment of the instant contract, C refused to receive it, the Plaintiff refused to receive it.
3. 8. The Plaintiff as the principal deposit and deposited the deposit amount of KRW 200 million received from the Plaintiff as the Daegu District Court No. 2016No. 2060.
E. Since May 12, 2016, C completed each registration of initial ownership relating to the instant real estate Nos. 1 and 2, and thereafter, Defendant B, on November 8, 2015, on the ground that the instant real estate No. 1 was sold and purchased on May 23, 2016, and on the ground that the instant real estate No. 2 was sold and sold on March 14, 2016.