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(영문) 부산지방법원 2018.06.22 2017가단317057

가계약금반환

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On April 25, 2017, the Plaintiff entered into a provisional contract (hereinafter “instant provisional contract”) with the Defendants as a broker of F, who is an employee of the real estate brokerage office, to purchase the pertinent land at KRW 6 billion in the purchase price (hereinafter collectively referred to as “instant land”) of the Defendants’ co-ownership (hereinafter collectively referred to as “instant land”) with the Busan-gu Busan-gu Busan-gu Busan-gu Busan-gu Busan-gu Busan-gu 743 square meters, and the Busan-gu H 153 square meters, which is owned by the Defendant, around May 2, 2017.

B. At the time of entering into the instant provisional contract, the Defendants are attached to the office.

1. As described in the agreement, the buyer shall pay KRW 100 million out of the contract deposit by April 25, 2017 as part of the contract deposit, and the remaining KRW 500 million shall be paid by May 2, 2017, and where the performance of the contract is impossible due to the buyer’s circumstances on May 2, 2017, the contract (this contract) shall be terminated and the contract shall be waived and the KRW 100 million, a part of the contract deposit paid on April 25, 2017, shall be waived (hereinafter referred to as the “instant agreement”) shall be sent by facsimile to the office of the I chief executive officer (the plaintiff, hereinafter referred to as “non-party company”), and the F also sent the instant agreement to D in writing.

C. Accordingly, the J, an accounting officer of the non-party company, is attached to the plaintiff's order.

2. As noted, the buyer signed and sealed the Plaintiff’s signature and seal to the buyer’s column, and later sent it to the Defendants’ office by facsimile, and subsequently remitted KRW 100 million from the Plaintiff’s bank account to Defendant C’s bank account.

On the other hand, while the Plaintiff intended to sell the land in K located in another place and purchase the land in this case with its price, as the contract for the sale and purchase of the land in K was reversed, the Plaintiff expressed its intent to cancel the provisional contract of this case to the Defendants through F, a broker, around May 1, 2017.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, 3, and Gap.