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Reasons
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(영문) 의정부지방법원 2015.10.20 2015가단8001
양수금
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1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of 5% from August 6, 2011 to October 20, 2015.

Reasons

1. Basic facts

A. On August 5, 2011, the Defendant and Nonparty C entered into a sales contract with the Plaintiff, a real estate broker, for the purchase price of KRW 215 million (payment at the time of the contract payment of KRW 25 million, and payment within 15 days after the approval for the construction of KRW 190 million) of the purchase price of KRW 332.4 square meters in Gangwon-gun and E owned by the Defendant (hereinafter “instant sales contract”). The special terms are as follows.

Matters of special agreement

1. The conclusion of this contract is subject to the premise of the approval of the construction permit in the name of the purchaser.

4. A contract for the sale of land shall be automatically revoked and void when approval of a building permit is not granted or approval is not granted within two months from the date of application for a building permit;

5. The refund of down payment shall be liable and payable to the defendant, F, G, and the plaintiff.

B. On August 5, 2011, the Defendant received the down payment of KRW 25 million based on the instant sales contract (hereinafter “instant down payment”) from C. The Defendant paid KRW 20 million out of the instant down payment to Nonparty F under the pretext of the building permit approval and the instant sales contract brokerage, and immediately paid the Plaintiff KRW 10 million out of the said KRW 20 million. The Plaintiff paid the Plaintiff KRW 5 million out of the said KRW 10 million to Nonparty G.

C. Since then, when the construction of the instant sales contract was denied, F paid KRW 10 million to the Plaintiff on December 2, 2011, with the purport that the Plaintiff would transfer the obligation to return KRW 10 million, which it held, among the instant down payment, to the Plaintiff.

On the other hand, around January 2015, C transferred to the Plaintiff a down payment of KRW 25 million and interest claim that should be returned upon the cancellation of the instant sales contract, and notified the Defendant on February 2, 2015.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 1 (including each number), witness F, G's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim.

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