계약금반환등
1. The Plaintiff (Counterclaim Defendant) paid KRW 1,430,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 3, 2014 to June 26, 2015.
1. Facts of the dispute
A. Defendant B requested the employees C of the Samsung Real Estate Brokerage Co., Ltd. (hereinafter “Defendant Samsung Real Estate Brokerage”) to sell each of the real estate listed in the separate sheet owned by it (hereinafter “instant real estate”) at KRW 330,000,000.
B. Upon receiving the above request from Defendant B, C published the real estate article advertisement (hereinafter referred to as “instant advertisement”) with the following contents on the ground of the daily life information newspaper.
"D 1.6 million 1.6 million m. monthly 1.69 m. for residential housing for three stories", "D 3 residential housing for three stories, 168m. for residential housing for 167m. for urban gas owners of urban gas of 257m. for 1600m. for 3500m.", "3.6 million 3.6 million m. for 16.5 million m. for 3.5 million m. in the vicinity of the Nam-gu office distance of 168m. for residential housing for three stories."
C. On September 2, 2014, the Plaintiff reported the above advertisement and contacted the Defendant Samsung Real Estate Brokerage. On September 2, 2014, the Plaintiff purchased the instant real estate owned by Defendant B and its owner in the price of KRW 325,000,000, and KRW 30,000,000, the down payment of KRW 145,000,000, the intermediate payment of KRW 150,000 on October 7, 2014, the remainder payment of KRW 150,000 on October 30, 2014 (hereinafter “instant sales contract”), concluded a sales contract with the Defendant B to pay the down payment of KRW 30,00,000 on the same day.
The main provisions of the sales contract stating the contents of the instant sales contract (hereinafter “instant sales contract”) are as follows.
1. Indication 1 of real estate) 21.60 square meters in an underground shelter, one-story retail store, 78.50 square meters in a second-story housing, three-story housing, 74.925 square meters in a third-story G road, 79 square meters in a third-story G road, and 1/4 of co-owners’ shares;
2. Payment of the purchase price of KRW KRW 325,000,000 (325,000,000) at the time of the contract, and receipt. On October 7, 2014, KRW 200,000,000,000,000, which is the receipt, for the part payment of KRW 2 (B).