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(영문) 의정부지방법원 2018.10.25 2018가단110363

손해배상(건)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff requested the office of licensed real estate agents to purchase apartment units, and the Defendant, at the office of licensed real estate agents, requested the office of licensed real estate agents, Jung-gu, Seoul, to sell apartment units 204 Dong-dong 1804 (hereinafter “instant real estate”).

B. On March 10, 2018, the Plaintiff and the Defendant agreed that the Plaintiff shall purchase the instant real estate from the Defendant in the amount of KRW 465,00,000, KRW 10% of the down payment, the remainder payment on April 25, 2018, and the preparation of a sales contract on March 20, 2018, and the Plaintiff remitted KRW 10,000 to the Defendant.

C. After that, the Defendant changed the date of preparation of a sales contract to March 24, 2018 through a certified brokerage office, and expressed his/her intent not to enter into a sales contract on March 23, 2018.

On July 2, 2018, the defendant deposited the above KRW 10 million which he received from the plaintiff to the Jung-gu District Court.

(Case No. 3591. [Reasons for Recognition] of 2018; Gap evidence No. 1 through 5; Eul evidence No. 2; and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. On March 10, 2018, the Plaintiff asserted that the Plaintiff entered into a sales contract for the instant real estate with the Defendant, and paid KRW 10 million to the Defendant.

However, on March 23, 2018, the defendant did not perform his/her obligation by notifying the defendant of his/her intent not to unilaterally prepare a contract. Accordingly, the plaintiff shall notify the defendant of the cancellation of the contract by serving the written complaint of this case.

Therefore, the defendant is liable to pay 46,500,000 won to the plaintiff as compensation for damages due to nonperformance of obligation.

B. In full view of the following circumstances acknowledged prior to the determination of evidence and the purport of the entire pleadings, it is not deemed that a sales contract was concluded between the Plaintiff and the Defendant with respect to the instant real estate.

Therefore, between the Plaintiff and the Defendant.