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(영문) 서울중앙지방법원 2018.10.11 2018가합520279

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 4, 2016, the Defendant entered into a consulting service contract (hereinafter “the advisory service contract of this case”) with B to pay 3% of the sales price (50% of the sales price at the time of entering into a sales contract, 50% of the remainder of payment, 50% of the appraisal price at the time of entering into the sales contract, and 50% of the appraisal price at each of the real estate in this case) to B as service cost for each of the real estate in this case (hereinafter “the appraisal service contract of this case”). The appraisal of this case at each of the real estate in this case is assessed as 105, 1905, 190, 205, 205, 205, 205, 205, 205, 206, 2005, 205, 205, 206, 2005, 205, 206, 2005, 2005,

B. On March 4, 2016, the Plaintiff introduced each of the instant real estate from H, the representative director of H, as the object of purchase, and entered into a contract with the Defendant to purchase the remainder of KRW 290 million (payment on the date of conclusion of the contract) and KRW 550 million (payment period: June 30, 2016; KRW 31.6 million of value-added tax on the building, as well as KRW 31.6 million, separately at the time of payment of remaining amount) (hereinafter “instant sales contract”), and paid the Defendant the down payment amount of KRW 290 million on the same day.

C. On March 7, 2016, the Plaintiff consulted the Defendant to enter into a contract with “B” of KRW 5.8 billion (including a security deposit) for the purchase of each of the instant real estate from the Defendant, and each of the instant real estate by the Plaintiff.