(영문) 서울남부지방법원 2017.09.08 2016가단6785

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(영문) 서울남부지방법원 2017.09.08 2016가단6785

계약금반환등

Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate of 5% from January 28, 2016 to September 8, 2017.

Reasons

1. Basic facts

A. On August 22, 2014, C entered into a contract to purchase the said real estate at KRW 850 million, even though it did not wish to pay the purchase price in the name of F Co., Ltd. in the name of the Defendant entrusted by the owner E (the Defendant’s deceptive act) and C with respect to 301 Dong-dong 101 (hereinafter “instant real estate”).

B. C had the intention to acquire money in the middle of the cash in the name of the down payment, as if it can be again purchased the instant real estate at a price significantly lower than the market price again before the above contract was concluded.

C. On September 1, 2014, C made a false statement to the Plaintiff that “The instant real estate was good, and the amount of KRW 650 million was set up to KRW 50 million, and thus, the contract was defective at KRW 50 million.” On September 11, 2014, C made a false statement to the Defendant that “When concluding a sales contract with the Plaintiff at KRW 550 million, the amount of money deposited by the Plaintiff would be adjusted to KRW 850 million,00,000,000,000,000,000,000 won.”

C, on the same day, visited the Plaintiff and the instant real estate in the same place with the Defendant, set up a provisional contract directly with the following contents, and offered the Plaintiff the provisional contract amounting to KRW 50,000,000 in preference to the Defendant. At the time, the Defendant did not provide that at the time, the Plaintiff had already sold the instant real estate to F.

(hereinafter referred to as “the instant provisional contract”). The substance of the instant real estate transaction agreement, on September 11, 2014, shall be based on the provisional contract, and the contract shall be concluded on September 15, 2014.

The actual contract deposit shall be KRW 50 million, the total purchase price shall be KRW 550 million, and the intermediate payment shall be KRW 50 million, and the intermediate payment shall be:

9. It shall be 30.30.

E. However, as the Defendant decided to sell the above real estate in KRW 850 million to C, the Defendant’s total amount of KRW 850 million from C.

유사 판례

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