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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties’ assertion
A. On January 20, 2017, the Plaintiff entered into a contract with the Defendant to sell the purchase price of KRW 239,724,00 with the Defendant via the Defendant’s agent C, and due to an error, the Plaintiff paid KRW 289,724,00 in total with the purchase price. As such, the Defendant is obligated to return the amount of KRW 50 million (i.e., the amount of KRW 289,724,000 - the purchase price of KRW 239,724,00) to the Defendant.
B. The Defendant purchased a sale right from the buyer F through Defendant E, and around May 2016, sold it to C in KRW 235,000,000, and did not sell the sale right to the Plaintiff.
A No. 1 Certificate of Sale and Purchase was signed by C on January 2017 by signing it as necessary for the sale of D Housing Site. On March 8, 2017, if E enters the Defendant’s account, it was requested to transfer money to C and immediately transfer money deposited into the Defendant’s account on the same day to C. The Defendant did not acquire the said money.
2. Determination
A. The following facts are acknowledged according to each description of Gap evidence 1 to 3, Eul evidence 1 to 5 (including paper numbers).
① On June 1, 2016, the Defendant prepared a certificate of acceptance from C to accept the instant sales contract for the instant right in KRW 235,000,000, and received a letter of confirmation from C that C will pay the capital gains tax therefor on July 15, 2016.
② The Defendant received the following money from C:
On May 12, 2016, evidence of the means of transferring the amount of money (the original), the Defendant sold the instant sales right at KRW 239,724,000,000 to the Plaintiff on May 12, 2016, and drafted a sales confirmation document stating that the Defendant’s Defendant’s spouse account transfer account transfer No. 1-25,000,000 C Account Transfer No. 1-21,60,000 C, totaling KRW 235,00,000 on June 9, 2016, the Defendant sold the instant sales right at KRW 239,724,00 and delegated all the authorities to receive the down payment and the remainder to C.