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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Recognizing Facts
A. On April 8, 2016, the Plaintiff, via his/her agent, entered into a sales contract with respect to two parcels of land (hereinafter “instant land”) with a total of KRW 330 million (hereinafter “instant sales contract”), including KRW 20 million on the date of entering into the said sales contract, and paid KRW 33 million on April 25, 2016.
B. According to the instant sales contract, the Plaintiff paid the remainder KRW 297 million to the Defendant on May 20, 2016, and received ownership of the instant land from the Defendant.
C. The Defendant sent text messages to the Plaintiff, on the day immediately before the payment date of the remainder under the instant sales contract, stating that the Plaintiff should transfer the name of the instant land in any name, and the Plaintiff still sent a reply to the purport that the Plaintiff did not file an application for bank loans.
Since then, the Plaintiff instructed C, its agent, to cancel the instant contract by receiving a refund of KRW 33 million or KRW 13 million out of the instant purchase price, and C was unable to purchase the instant land due to financial difficulties and expressed the Defendant’s intent to waive the purchase of the said land, and requested C to refund part of the purchase price paid by the Plaintiff.
E. However, the Defendant refused this, and eventually, C, the Plaintiff’s agent, rescinded the agreement with the Defendant on June 5, 2016 on the condition that C did not receive a refund of the purchase price under the instant sales contract.
[Ground of recognition] A without dispute, entry of Gap evidence 1, 2, and 3 (including branch numbers, if any; hereinafter the same shall apply), entry of Eul evidence 2, 3, 4, and 6, testimony of witness C, testimony of witness C, the purport of the whole pleadings, and the plaintiff of the party asserting the purport of the whole pleadings, shall be the defendant of the party concerned prior to the payment date of the remainder of the contract of this case.