임대차계약파기에따른손해배상
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. On September 18, 2017, the Plaintiff’s assertion indicated that the Defendant-owned C Apartment 104-dong 1407 (14-dong 1407) (the head of the office, “14-dong 1407,” but appears to be a clerical error; hereinafter “the instant apartment”).
(2) The Plaintiff and the Plaintiff paid KRW 1 million to the Defendant’s account, which was known by the real estate broker as the down payment of the instant lease agreement. Since the instant lease agreement was reversed on September 20, 2017 due to the Plaintiff’s unilateral fault, the Defendant is obligated to reimburse the Plaintiff KRW 2 million, which is the double amount of the down payment received pursuant to Article 565(1) of the Civil Act. Therefore, the Defendant is obliged to pay the Plaintiff KRW 2 million (=2 million) and damages for delay.
2. Determination
A. According to the overall purport of the statement and pleading between the Plaintiff and the Defendant, the Defendant’s husband requested the real estate brokerage office to lease the apartment of this case owned by the Defendant, and notified the real estate broker of his account in the name of the Defendant. On September 18, 2017, the Plaintiff remitted KRW 1 million to the account in the name of the Defendant’s name, which the real estate broker informed, on September 18, 2017. On September 18, 2017, the real estate broker entered into a provisional contract with the Defendant’s husband of KRW 280,000,000,000,000 won for the apartment of this case. The contract is concluded with the Defendant’s husband of KRW 1 million. The time of signing the contract is possible on September 23, 2017. The Defendant’s husband’s text message was sent to the Defendant’s husband of the text message “A.00,000 won for the apartment of this case.”
The fact of sending the answer is the fact of sending the answer.