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(영문) 서울중앙지방법원 2020.04.01 2018나35287
계약금 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Defendant.

Reasons

1. Facts of recognition;

A. Defendant B, in Jeju-si, proposed that the Plaintiff jointly purchased a forest of 688 square meters (hereinafter “instant land”) and jointly purchased a building, and the Plaintiff received it.

The Plaintiff and Defendant B made oral arrangements on the investment share as Plaintiff 10% and Defendant B 90%.

B. On May 14, 2016, the Plaintiff and Defendant B found E, the owner of the instant land, and concluded a sales contract of KRW 120,000,00 for the instant land (hereinafter “instant contract”). However, the buyer’s name is Defendant C’s wife.

In addition, there is no dispute between the parties as to the fact that the above "one person" refers to the plaintiff.

The term "the Corporation" was set as follows.

C. By May 16, 2016, the Plaintiff paid KRW 12,000,000 to E as down payment.

However, Defendant B did not pay the remainder of KRW 50,000 (payment date May 23, 2016) and KRW 58,000,000 (payment date June 29, 2016).

Accordingly, the instant contract was reversed, and KRW 12,000,000 paid by the Plaintiff was confiscated.

On the other hand, the Plaintiff spent 506,000 won in total as expenses for concluding the instant contract (air fees, etc.).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Part of the claim against Defendant B (hereinafter “Defendant”)

A. The Defendant’s liability for damages amounting to KRW 12,00,000 on the down payment that the Plaintiff paid to E falls under the amount equivalent to the Plaintiff’s investment share under the partnership and joint purchase agreement between the Defendant and the Defendant (120,000,000 x 10% of investment shares) and the Plaintiff fulfilled its obligation.

Therefore, the Defendant’s liability for the payment of the remaining intermediate payments and the remainder ought to be deemed to be the Defendant. However, the Plaintiff’s failure to perform this, which the Plaintiff paid, is confiscated, and the expenses paid for the conclusion of the instant contract are 506,000 won.

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