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(영문) 대전지방법원 2019.01.09 2018가합101233

해약정산금지급청구 등

Text

1. The defendant shall pay 270,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. In around December 2015, the Defendant purchased the right to purchase the instant land for migrants (hereinafter “instant right to purchase”) related to the Pyeongtaek-si C development project implemented by the Korea Land and Housing Corporation. Around December 2016, the Defendant requested the F Licensed Real Estate Agents’ Office located in Pyeongtaek-si E (hereinafter “instant brokerage office”) to sell the said right to purchase, and the Plaintiff expressed his/her intent to purchase the instant right to purchase, around May 2017.

B. On May 27, 2017, at the request of G, an employee of the instant brokerage office, the Defendant sent to G a sales contract (Evidence A No. 1; hereinafter “instant sales contract”); notification of eligibility for parcelling-out on April 30, 2014 under the name of the head of H business group; and photographs taken of D’s certificate of personal seal impression, and “I Bank JB”.

Terms and conditions of contract shall be traded as KRW 270,000,000,000 (long-term area)

5. The balance by account transfer of 27. 20 million won and the down payment shall be paid.

6.9. The payment shall be made; and

All expenses (e.g. cost of departure, transfer) shall be responsible for the buyer.

‘A text message sent' means a text message sent.

C. On May 28, 2017, the Plaintiff transferred KRW 20 million to the said I Bank Account under the Defendant’s name. D.

On June 9, 2017, the Plaintiff visited K, along with the instant brokerage office, issued to the Defendant a check equivalent to KRW 250 million to the Defendant at the same time, including the sales contract, power of attorney, and letter of transfer, and at the same time delivered the documents for securing the right to purchase the instant sales right. The Defendant issued a cashier’s check of KRW 10 million among them to the representative L of the instant brokerage office under the pretext of brokerage commission.

On the other hand, K signed and sealed the sales contract of this case in the brokerage office of this case on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including the number of branch numbers).