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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On February 21, 2017, at the request of the E-Housing Establishment Promotion Committee, the Plaintiff entered into a sales contract with the Defendant to purchase the land and buildings thereon (hereinafter “instant real estate”) in Busan-gu, Busan-gu, for KRW 560,00,000 (hereinafter “the first sales contract”).
B. According to the above sales contract, KRW 10,00,00 for down payment, KRW 50,00 for the intermediate payment of KRW 130,000 on the date of the contract, and the intermediate payment of KRW 50,000 on May 15, 2017, and the buyer’s obligation to return KRW 120,000 for lease deposit and the obligation to return KRW 120,000 for lease deposit shall be succeeded, and the remainder of KRW 250,000 for the remainder shall be paid on November 30, 2017.
C. On February 21, 2017, the Plaintiff paid the Defendant the down payment of KRW 10,000,000,000 to the Defendant. On April 13, 2017, the Plaintiff paid KRW 84,00,000 increased compared to the first scheduled intermediate payment at the Defendant’s request.
Around May 23, 2017, the Plaintiff, the Defendant, and G Co., Ltd. (hereinafter referred to as “G”) changed the purchaser of the said sales contract to G at the request of the E-Housing Establishment Promotion Committee, and paid KRW 560,000 to the Defendant for the purchase price of KRW 560,00,000,000, which was paid as down payment and intermediate payment on May 30, 2017, and agreed on November 30, 2017 to pay the remainder remaining after deducting loans, security deposits, etc. from the remainder.
(2) On May 26, 2017, the Defendant received KRW 150,000,000 from G and returned KRW 44,00,000 to the Plaintiff on May 30, 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 11, the purport of whole pleading
2. The assertion and judgment
A. A. The summary of the Plaintiff’s assertion 1) The Defendant’s assertion that received KRW 150,000,000 from G, decided to refund KRW 94,000 to the Plaintiff. Since the Defendant returned KRW 44,00,000 to the Plaintiff, the Defendant is obligated to pay the remainder of KRW 50,000,000 and its delay damages to the Plaintiff. 2) The Defendant’s assertion is from G.