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1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. (1) On August 22, 2012, the Plaintiff sold the purchase price of Suwon-si E, F, G, and H land (hereinafter “instant land”) to C Co., Ltd. (hereinafter “Nonindicted Company”) for KRW 8.46 billion. The down payment amount of KRW 1 billion was paid from the Nonparty Company on the date of concluding a contract, and the remainder amount of KRW 7.46 billion was paid on February 25, 2013.
(2) At the time of the instant sales contract, ① the establishment of a mortgage on the instant land, which caused KRW 7.15 billion to the mortgagee of the right to collateral security, ② the establishment of a mortgage on the right to collateral security, Q2.8 billion to the maximum debt amount, ③ the establishment of a mortgage on the right to collateral security, ③ the establishment of a mortgage on the right to collateral security, Q2.8 billion won to the maximum debt amount, ④ the registration of the establishment of a superficies on the right to collateral security, ④ the registration of the creation of a superficies on the instant land. However, the Plaintiff
(3) The instant sales contract was arranged by a licensed real estate agent D, and the sales contract was prepared by D, who is an employee of D. On May 1, 2012, the non-party company entered into a real estate consulting contract with D with the purport that it shall delegate all necessary affairs for the conclusion of the sales contract of the instant land and the granting of the building permit, and shall pay KRW 60 million in return.
(4) The non-party company did not pay the remainder to the Plaintiff by March 25, 2013, which is the payment date of the instant sales contract. Accordingly, on June 3, 2013, the Plaintiff notified the non-party company of the cancellation of the instant sales contract on the ground of the non-performance of the obligation to pay the remainder.
(5) In the Seoul Central District Court Decision 2014Gahap581085, which was filed by the non-party company’s creditor, I, J, and K against the plaintiff (hereinafter “former installment case”), they asserted that they received the claim for the refund of the down payment against the plaintiff of the non-party company, and claimed the payment of the full amount.
On this issue, the plaintiff company is the non-party company of this case.