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1. The defendant has completed the sales contract under the Daegu-gu D apartment 217 Dong 1901 to C in the future.
Reasons
1. Basic facts
A. On October 15, 2013, C: (a) obtained the winning in the number of buyers of the instant apartment units, 217 Dong-1901 (hereinafter “instant apartment units”); and (b) around that time, C requested a licensed real estate agent E to resell the instant apartment unit sale right (hereinafter “instant apartment sale right”).
B. F decided to purchase the instant sales right from C with the brokerage of Licensed Real Estate Agent G to purchase the instant sales right at a premium of KRW 24 million (hereinafter “sale price”). The remitter deposited the remitter with “217 Dong 1901” and remitted the remitter’s account to C’s Daegu Bank’s account on October 15, 2013 and KRW 4.5 million on the following day.
C. On October 18, 2013, C paid KRW 12,745,00 as the first down payment amount and KRW 12,745,00 as the first down payment amount and KRW 12,50,00 as necessary to enter into a contract for sale and development of modern industry by deducting the pre-paid KRW 6,50,000 from the pre-paid one out of the sale price of KRW 24,00,00,000 for E’s participation (hereinafter “instant sales contract”); and F paid to C on the same day.
C concluded a sales contract for the instant apartment after paying the first down payment received from F to Hyundai Industrial Development.
(hereinafter “instant sales contract”). E.
Afterward, G and E expressed their intent to cancel the instant sales contract on the grounds that F is difficult to raise funds. G and E concluded a contract to resell the instant sales right to the Plaintiff on November 19, 2013 (hereinafter “instant resale contract”). On the same day, the Plaintiff paid G totaling KRW 52,490,000, including the sale right and the second down payment, and KRW 12,745,000, out of the said money, G paid KRW 12,745,00 as the second down payment of the instant sales contract and paid KRW 37,445,00 as the remainder as the down payment, = KRW 24 million as the first down payment and KRW 12,745,000 as the first down payment.