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(영문) 서울동부지방법원 2017.09.27 2016나28448

매매계약금반환

Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 17,000,000 for the Plaintiff and its related thereto, from November 11, 2015 to December 2, 2015.

Reasons

1. Basic facts

A. On November 2, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase from the Defendant for KRW 168 million the purchase price of KRW 301,00,000, Namyang-si, Namyang-si, D ground E-building 43, 301 (hereinafter “instant real estate”).

(hereinafter “instant sales contract.” Meanwhile, the Defendant delegated all matters related to the sale of the instant real estate to H, her mother, and the instant sales contract was also concluded by H on behalf of the Defendant.

At the time of the conclusion of the instant sales contract, the right to collateral security under the name of the Industrial Bank of Korea and the maximum debt amount of KRW 30 million, which is the cause of KRW 89,400,000, was respectively terminated, and the lessee was residing in the lease deposit amounting to KRW 10 million and KRW 350,000,000,000.

C. The Plaintiff and the Defendant paid the down payment of KRW 17 million out of the purchase price of KRW 168 million on the date of the contract, and paid the intermediate payment of KRW 30 million on November 4, 2015, and the Defendant, upon receipt of the intermediate payment, decided to cancel the right to collateral security under the name of I, and the remainder remaining after deducting the secured obligation of the right to collateral security and the lease deposit in the name of the Industrial Bank of Korea that the Plaintiff agreed to succeed from the said balance of KRW 121 million, was paid on November 10, 2015.

The Plaintiff paid the Defendant the down payment amount of KRW 17 million on the day of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that the instant sales contract was terminated by agreement around November 10, 2015, and the Defendant is obligated to return the down payment already received to the Plaintiff.

On this issue, the defendant denies the above termination of agreement.

B. Determination Nos. 4 through 10 of the judgment of the court below is with G with the purport that the defendant will return the down payment of KRW 17 million to Hah, which is a licensed real estate agent G.