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(영문) 부산지방법원 동부지원 2018.08.23 2017가단204751

손해배상 등

Text

1. From August 1, 2017 to August 23, 2018, the Plaintiff (Counterclaim Defendant) paid KRW 1,502,134 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know through the introduction of a branch in around 2014.

B. On October 2015, the Defendant, as a licensed real estate agent, was performing the sales brokerage business of the Busan Blue-gu C commercial building (hereinafter “C commercial building”) that was scheduled to be completed as a police officer in the sales office of the distribution of distribution development company, Inc. at the time of mid-2016.

C. On October 3, 2015, the Plaintiff, as a broker of the Defendant, intended to purchase C commercial buildings 129 units, and remitted KRW 10 million to the Defendant’s account known to him.

On October 4, 2015, the following day, the Plaintiff visited the C Commercial Building Sale Office, and asked the Defendant on October 5, 2015, whether it is possible to change the head of the C commercial building, and confirmed the C commercial building construction site on October 6, 2015, and requested the change of the sales unit on October 7, 2015 to purchase 149 instead of 129 units.

E. On October 16, 2015, the Plaintiff entered into a contract with the operator company development staff and C commercial building 149 (hereinafter “instant commercial building”) to sell the sales price of KRW 650,000,000,000.

Of the sale price, KRW 6,594,00,00, including the down payment of KRW 10 million paid as a provisional contract deposit, was paid on the same day, and KRW 164,850,00 on the first intermediate payment of KRW 164,850,00 on January 15, 2016, and KRW 131,880,00 of the second intermediate payment of KRW 131,80 on April 15, 2016, and the balance of KRW 296,730,00 on the last and rear payment of KRW 296,730,00 on the date of designation of the saleroom (the last and rear payment was

A verbal agreement on matters not stated in the contract that the contract principal is fully aware of the terms and conditions of the contract, such as the following matters, is null and void, and the buyer is fully aware of the sale price (contract payment, intermediate payment, balance) liability and payment schedule, and the proceeds related to the contract shall be deposited into the account in the name of the International Asset Trust (State), and if paid by any other means, the validity of the agreement shall not be asserted:

F. Meanwhile, the Plaintiff entered into the sales contract of the commercial building of this case as above.