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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following order for payment.
Reasons
1. Basic facts
A. On the end of 2017, the Defendant received a request from the Plaintiff for mediating land to be purchased on the condition that “the consent to use of the road is given by the neighboring land owners, and is given to obtain a building permit due to the expansion of packing, telegraph transfer, etc.,” and agreed to receive KRW 21 million with the expenses and brokerage commission necessary for obtaining the said building permit (hereinafter “building permit cost, etc.”).
B. On November 16, 2017, the Plaintiff entered into a contract with D to purchase the purchase price of KRW 110 million (the contract amounting to KRW 10 million and the balance KRW 10 million), the remainder payment date and the delivery date of the instant land by agreement on February 6, 2018 (hereinafter “instant contract”). On the same day, the Plaintiff paid KRW 10 million to D, and the Defendant paid KRW 21 million including the construction permit cost, respectively.
C. On December 11, 2017, the Plaintiff entered into a contract for designing a building to be newly built on the instant land (hereinafter “instant design contract”). On December 12, 2017, the Plaintiff paid KRW 7 million out of the design price to the H construction office.
Even after the lapse of February 6, 2018, which is the remainder payment date of the instant sales contract, the Defendant received a written consent from neighboring land owners for the use of the road, and did not obtain a construction permit regarding the instant land due to the spread of road packaging construction and telegraph transfer, etc., and the Plaintiff notified the seller D of the instant sales contract of the purport that he/she would waive the down payment and terminate the instant sales contract on February 26, 2018.
E. Meanwhile, the Defendant continued to enter into the instant sales contract on November 16, 2017, as soon as possible, to the Plaintiff as soon as possible.