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(영문) 인천지방법원 2020.08.14 2019나65804

기타(금전)

Text

The plaintiff's appeal is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the head of home, and the Defendants are licensed real estate agents or assistants operating the F Licensed Real Estate Agent Office located in the Nam-gu Incheon Metropolitan City E and the second floor.

B. On July 2, 2018, the Plaintiff entered into a contract for the acquisition and transfer of the right (facilities) to acquire a cafeteria located in Bupyeong-gu Incheon Metropolitan City G (hereinafter “H”) (hereinafter “instant contract”) between D and D as a broker, and agreed to pay the intermediate payment of KRW 80,000,000,000, out of the premium of KRW 80,000,000, at the time of the contract, the intermediate payment of KRW 30,000,000, the remainder payment of KRW 42,000,000 on July 9, 2018.

C. Of the instant contract provisions, the part relating to the instant case is as follows.

Article 4 [Cancellation of Contract] (2) If the transferor or transferee fails to perform any of the terms and conditions of this Agreement, the other party shall be notified in writing to the person who has defaulted and the contract may be rescinded.

In addition, the parties to the contract may claim the penalty for breach of contract respectively to the other party, and the contract deposit shall be regarded as the standard for penalty.

(3) The transferor shall make the owner and the transferee enter into a lease agreement with the transferee on the basis of the terms and conditions of the lease contract (it may be changed upon the request of the lessor) below before the payment date of the balance, and if the normal lease agreement is not concluded, this contract on the transfer of rights shall be rescinded, and the amount already paid shall

Article 5 [Service Fees] No practicing licensed real estate agent shall be liable for any default between contracting parties.

3.This Agreement shall be null and void if it becomes known to the lessor and the premises restaurant.

On July 2, 2018, the Plaintiff paid the down payment of KRW 8,000,000 under the instant contract to D.

【Non-contentious facts, Gap’s evidence Nos. 1, 3, 4, 5, 6 (including additional number), Eul’s evidence No. 1, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff is the Plaintiff.