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(영문) 서울동부지방법원 2017.06.16 2016가단34183

계약금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2016, the Plaintiff entered into a sales contract for purchasing KRW 540,000,000 for the purchase price (hereinafter “instant sales contract”) of the instant multi-household housing owned by Defendant C as a broker of Defendant D, for KRW 540,00,00,000 for the purchase price.

B. At the time of the conclusion of the above sales contract, Defendant B participated in the contract as the agent of Defendant C, and the sales contract instead of indicating the proxy relation, instead of signing by Defendant C, and the receipt issued by the Plaintiff upon receiving the down payment of KRW 50,000,000 from the Plaintiff, indicated the substitute relation.

C. After the conclusion of the instant sales contract, the Plaintiff raised questions as to whether an agent relationship exists, such as the reason why the Plaintiff did not clearly indicate an agent relationship in the contract through multiple proof of contents, the reason why the seller’s telephone number was mistakenly stated in the contract, whether to deliver the down payment, etc., and requested the answer. Accordingly, the Defendant B urged the performance of the obligation to pay the intermediate payment as stipulated in the contract, and asked the performance of the obligation to pay the intermediate payment.

However, the Plaintiff did not pay the intermediate payment on August 1, 2016, which is the date of payment of intermediate payment under the contract. Defendant C and B notified the Plaintiff that the instant sales contract would be cancelled through certification of the content as of August 16, 2016, and that KRW 50,000,000 should be confiscated as compensation for damages.

E. Meanwhile, as the only way to link each of the instant real property to a meritorious service, F 43.3 square meters (hereinafter “instant access road”) in Jung-gu, Seoul is owned by Nonparty G.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8 (including each number), the purport of the whole pleadings]

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is first, in transactions by proxy.