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(영문) 춘천지방법원원주지원 2015.08.13 2014가합808

매매대금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 27, 2014, the Plaintiff entered into a sales contract under the brokerage of Defendant B and C, a licensed real estate agent, and under the brokerage of Defendant B (B) and Defendant C (B) (B), the Plaintiff entered into a sales contract with D, as of January 27, 2014, No. 116 and 302 [Defendant C, a buyer, as of the date of the said contract, as of KRW 16 and 302 (hereinafter “original Agricultural Cooperative”).

1) As to the right to collateral security (hereinafter “mortgage”) No. 53656, No. 5366 regarding receipt number of the maximum debt amount KRW 27.6 million

(2) No. 6208, No. 62008, the receipt number of the creditor F and the maximum debt amount of KRW 50 million (hereinafter “mortgage”).

(C) The sales price was set at KRW 250,00,000 for the instant apartment (hereinafter “instant apartment”) and the sales contract was concluded to pay KRW 25,00,000 for the remainder of KRW 27 January 27, 2014, and KRW 225,000,000 for the remainder of KRW 25,000,000 for the instant apartment (hereinafter “instant sales contract”). Of the terms and conditions stipulated in the instant sales contract, the relevant contents of the instant sales contract are as follows.

1. A contract in a present state;

2. Receiving number No. 53656, 207,600,000 won with the maximum debt amount set forth in the right to collateral security shall be repaid in full and cancelled by the seller simultaneously with the receipt of the balance.

3. Receipt number No. 6208: 50,000,000 won with a maximum debt amount set forth in the right to collateral security shall be repaid in full before the payment date of the balance and shall be cancelled.

6. The remaining payment date may be advanced under mutual agreement.

B. On January 27, 2014, the date of the instant sales contract, the Plaintiff paid the down payment of KRW 25 million to D, which is the date of the instant sales contract, and thereafter, under an agreement with D, the Plaintiff paid KRW 80 million to pay the intermediate payment for the return of the deposit for lease on February 25, 2014, which is the date of leaving the right to lease on a deposit basis. On March 8, 2014, the Plaintiff occupied the instant apartment on March 2, 2014, and thereafter, the Plaintiff and D moved into the instant apartment on March 12, 2014.