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(영문) 서울동부지방법원 2017.11.16 2016가단24841

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants, as co-owners of Gangdong-gu Seoul Metropolitan Government D apartment 521 Dong 504 (hereinafter “instant apartment”), requested the sale brokerage of the instant apartment to E-real estate located in Gangdong-gu Seoul Metropolitan Government (F) around March 2016, and the Plaintiff’s agent G requested H real estate (I) located in Gangdong-gu Seoul Metropolitan Government to purchase the instant apartment around April 13, 2016.

B. On April 13, 2016, the Plaintiff and the Defendants, through F and I, entrusted brokerage around April 13, 2016, set the sales price of the instant apartment as KRW 560 million, and the intermediate payment was to receive the said down payment at the same time as the sales contract was made on the following day.

C. The Plaintiff, through the Defendant B’s account, paid the Defendants KRW 35 million on April 13, 2016, following the following day, and KRW 15 million on a total of KRW 5 million at the time of the preparation of the sales contract as follows. D.

Around 19:30 on April 14, 2016, G and the Defendants, along with F and I, do not conclude a sales contract with respect to the method of repaying the remainder of the loans on the instant apartment by using intermediate payments, etc. (mortgage 140 million (mortgage 166,000,000 won for the maximum debt amount in the name of our bank Co., Ltd. on June 9, 2006) with respect to the method of repaying the remainder of the loans on the instant apartment by using intermediate payments, etc. while preparing a sales contract on the instant apartment.

E. On April 18, 2016, the Defendants deposited the deposited amount of KRW 50 million with the Seoul East Eastern District Court No. 1247 as the Plaintiff as the Seoul East Eastern District Court in gold Order No. 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence No. 1, witness I, witness I, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. On April 13, 2016, the Plaintiff asserted that the purchase price and the down payment of the instant apartment was determined as above with the Defendants, and the intermediate payment was made within one month after the formation of the contract, and the remainder was paid within two months after the written contract.

The Plaintiff shall pay the Defendants the said KRW 50 million as the down payment.