손해배상(기)
The plaintiff's primary claim is dismissed.
The defendant's 32,00,000 Won and its relation to the plaintiff from April 17, 2020.
1. Basic facts
A. On February 15, 2020, for the purpose of purchasing an apartment, the Plaintiff visited the “D Authorized Agent Office” located in Namyang-si, Namyang-si, and received the introduction of real estate listed in the attached Table E, owned by the Defendant (hereinafter “instant apartment”).
B. The Plaintiff received the following text messages from E on the same day, and then remitted KRW 10 million to the account in the Defendant’s name.
F apartment G purchase price of KRW 320 million, KRW 320 million, KRW 10 million, but H remaining down payment on February 17, 2020, the remainder of KRW 260,000, KRW 260,000, KRW 500,000, KRW 260,000, KRW 200,000.
C. On February 21, 2020, the Plaintiff received a delivery through E to the effect that the Defendant did not want to sell the instant apartment.
However, on February 22, 2020, the Plaintiff, as the Plaintiff had already concluded a sales contract, additionally remitted KRW 22 million to the above deposit account in the Defendant’s name (hereinafter “transfer of this case”). The Plaintiff did not dispute over the fact of recognition, the entries in Gap’s evidence Nos. 1 and 3, and the purport of the entire pleadings.
2. Main claim;
A. On February 15, 2020 between the Plaintiff’s summary of the Plaintiff’s assertion and the Defendant, the sales contract was concluded between the Defendant and the Plaintiff that sold the instant apartment at KRW 320 million to the Plaintiff.
Therefore, the Defendant is obligated to pay the remainder of KRW 288 million, which has not yet been paid from the Plaintiff (i.e., KRW 320 million - KRW 320 million - the remittance of this case) to the Plaintiff at the same time, and to implement the registration procedure for ownership transfer of the above apartment.
(b) Determination 1) In order to establish a contract, it is required that there exists a mutual agreement between the parties, and such mutual agreement is not necessary with respect to all matters constituting the content of the contract in question.