1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

After remanding, the plaintiff filed a claim for ownership transfer registration in the first instance court before remanding and filed a preliminary claim for monetary payment.

The plaintiff's primary claim and the conjunctive claim, excluding the amount of 100,000,000,000 and the amount of damages for delay, were already determined by the judgment of remand and excluded from the object of the judgment of this court.

Therefore, the subject of this Court's trial after remand is limited to 100,000,000 won in the conjunctive claim and damages for delay.

Basic Facts

B around December 2016, to purchase each of the instant real estate owned by the Defendant, the E Licensed Real Estate Agent F, a representative of E Licensed Real Estate Agent Office, requested brokerage.

Defendant and B, under the brokerage of F and D, from around six months to around December 2016, at a coffee shop located at the entrance of the K market located in Busan-gu, Busan-gu, set at KRW 2,600,000 in total, the purchase price of each of the instant real estate at KRW 50,000,000, and the intermediate payment at KRW 300,000 on June 10, 2017 and the remainder on November 10 of the same year shall be KRW 2,250,000,000 in total, on the date of the contract, and the remainder on November 10 of the same year shall be KRW 2,250,000,000 in total. However, the instant sales contract is written in the instant case.

The sales contract was prepared to pay B (hereinafter referred to as “the sales contract of this case”), and D was present at the time and arranged.

B deposited 50,000,000 won on the day of the contract from the Plaintiff’s account to the Defendant’s account, and 50,000,000 won on May 15, 2017, respectively.

Around May 29, 2017, the Defendant notified that the instant sales contract would be null and void, and thus, the Defendant would return KRW 100,000,000 to B.

[Ground of recognition] The sales contract of this case was concluded with Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 (including Serial number; hereinafter the same shall apply), part of the witness D, and the purport of the plaintiff's argument in the whole pleadings.