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(영문) 부산지방법원 동부지원 2021.03.25 2019가단11533

계약금반환

Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from January 23, 2020 to March 25, 2021.

Reasons

1. Basic facts

A. On November 2019, the Defendant requested sales brokerage on the condition that “The purchase price of the instant real estate was KRW 750,000,000,000 and the down payment and the intermediate payment was combined,” and that “the remainder amount was first on February 30, 2020,000,000 won” was the owner of the Busan Shipping Daegu C building D (hereinafter “instant real estate”).

B. The Plaintiff decided to purchase the instant real estate through F’s brokerage, and transferred KRW 20 million to the Defendant’s Agricultural Cooperative Account on November 5, 2019.

(c)

On November 6, 2019, the Defendant decided to prepare a contract with the Plaintiff at the time of November 2, 2019, but changed the date to November 2, 2019, and the Plaintiff consented thereto.

(d)

On November 8, 2019, the Defendant received 20 million won from the Plaintiff on the basis of “E real estate,” and it became difficult for the Plaintiff to move into the real estate.

I transmitted a crime.

I will audit the account to be returned to the contrary.

The message sent “.........”

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, 7 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. On November 5, 2019, the Plaintiff entered into a sales contract with the Defendant on the condition that “The purchase price of this case is KRW 750 million, the down payment and the intermediate payment is combined, and KRW 350 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,00,00) are returned to the Plaintiff.

2) Since the Defendant unilaterally reversed the contract after the formation of the contract, it shall reimburse the contract deposit.

(b) Judgment 1).