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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
Reasons
1. Basic facts
A. The Plaintiff introduced, upon request, a real estate agent B, who became aware of in the faculty type of a school in which the Plaintiff was working as English teacher, with an investment of 350 million won in the amount of money and received profits from the investment of 350 million won in real estate, and requested to do so. However, the real estate was introduced several times from B, but the real estate was rejected due to lack of funds, and the building on the land (hereinafter “instant real estate”).
B. Although the Plaintiff intended to purchase the instant real estate for lack of funds, the Plaintiff was aware that, even if the total amount of the sales price of the instant real estate was not prepared from B, only the down payment can be made and then the intermediate payment can be resold before the date of payment of the intermediate payment. The Plaintiff decided to purchase the instant real estate.
C. On March 10, 2010, the Plaintiff purchased the instant real estate in KRW 1.25 billion between D and D, but the down payment of KRW 120 million is KRW 350 million on the date of the contract, the intermediate payment of KRW 350 million on April 15, 2010, and the remainder of KRW 780 million on May 20, 2010 (hereinafter “instant sales contract”), and the sales contract entered the sales contract into a sales contract into with D to pay KRW 1.38 billion on May 20, 2010, and paid KRW 120 million on the same day the down payment to D.
On the other hand, unlike the initial agreement, the Plaintiff prepared and kept a cash custody certificate of the difference from D in preparation for the Plaintiff to demand the payment of the purchase price under the sales contract, and D had D keep a part of the transfer income tax as part of the transfer income tax in preparation for the payment of the transfer income tax on the basis of the purchase price under the sales contract.
E. However, unlike the end of B, the Plaintiff did not resell the instant real estate before the date of the intermediate payment payment, and the intermediate payment was not prepared by the date of the intermediate payment.