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Reasons
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(영문) 서울고등법원 2014.10.10 2014나2002714
매매대금반환
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim as to that part is dismissed.

2...

Reasons

1. Basic facts: (a) on January 18, 2006, the Defendant concluded a contract with the J and F (hereinafter “Defendant, etc.”) stating that “The Defendant shall sell 188/1754 (hereinafter “instant land”) out of the shares of the land owned by the Defendant and F owned by the Defendant and the Defendant to four other persons, for KRW 3.6 billion (hereinafter “the instant sale contract”; and (b) agreed to pay the intermediate payment of KRW 1.55 billion out of the purchase price at the time of the contract, the intermediate payment of KRW 1.55 million, and the intermediate payment of KRW 1.5 billion, to the other four persons, on April 10, 2006.

J paid 250 million won to the Defendant the down payment following the instant transaction.

In addition, on March 31, 2006, the Plaintiff remitted the sum of KRW 150 million to E as the purchase price of this case, and KRW 200 million to E, to the Defendant’s children C and D, and paid the amount to the Defendant.

In April 2006, the Defendant, etc., released the agreement between J and the instant trade.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 and 3 (including a serial number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, witness J's testimony, the purport of the whole pleadings

2. Requests for restitution of the purchase price;

A. The plaintiff asserts that he granted his power of representation to J, and the J made a contract for the sale of this case as the plaintiff's representative, and the plaintiff paid KRW 500 million out of the purchase price of this case to the defendant as the party to the sale of this case, but even though the contract for the sale of this case was terminated, the plaintiff did not yet receive refund of KRW 295 million out of the above KRW 500 million, so the defendant is obligated to pay the plaintiff the amount of KRW 295 million and the delay damages therefrom to the plaintiff following the cancellation of the sale of this case.

Accordingly, the defendant is not a party to the transaction of this case, but the defendant of J.

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