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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion and its judgment
A. (1) On September 22, 2014, the Plaintiff entered into a contract with Nonparty C on the transfer and takeover of rights with the deposit amount of KRW 1.3 million and premium amount of KRW 5.3 million to approximately 1.50 square meters in the store of a building located in Nonparty C and Daegu Suwon-gu, and three parcels, and received the delivery of the store.
(2) Before entering into the above contract, the Plaintiff paid 5.3 billion won premium for the said store to the Plaintiff on the ground that the daily sales of the said store are above KRW 100-12 million, but the sales of the said store per day did not exceed the amount of KRW 5.6 million, which is a half of the sales of the said store.
(3) Therefore, the Plaintiff filed a lawsuit to bring the said contract to the effect that the Plaintiff would express his/her intention of cancellation under Article 110 of the Civil Act and return the unjust enrichment.
(4) On October 30, 2014, the above C received the said premium, and entered into a sales contract with the Defendant on December 23, 2014, on the following grounds: (a) immediately after the said store was transferred to the Plaintiff, the Plaintiff and the Plaintiff entered into a sales contract on the real estate indicated in the separate sheet (hereinafter “instant real estate”).
(5) However, upon entering into the instant contract, C sold the instant real estate to the Defendant on the ground that it was the sole property of the instant real estate at the time of the conclusion of the instant contract, and thus, C would be subject to a claim for return of unjust enrichment or a claim for damages from the Plaintiff. In light of the circumstances, etc., even after the conclusion of the instant contract, C, as the Defendant constitutes a malicious beneficiary, the instant sales contract entered into between the Defendant and C is revoked within the limit of KRW 100 million, and the Defendant is obliged to pay to the Plaintiff 10 million and 5% interest per annum from the date of the instant judgment to the date of full payment.
As to this, the defendant shall pay a reasonable price through a licensed real estate agent and this case.