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(영문) 대구지방법원 2015.11.03 2015가단5214
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s main claim and the Defendants’ counterclaim are all dismissed.

2. Main ro.

Reasons

1. The facts of recognition are as follows: Defendant C’s children, and Defendant D are as follows.

On June 22, 2013, Defendant B, as his agent, concluded a sales contract with the Plaintiff to sell KRW 136,500,000,000 for H apartment Nos. 4 and 202 (hereinafter “instant apartment”) of Daegu-gu H apartment Nos. 4 and 202 (hereinafter “instant apartment”).

A down payment of KRW 13.5 million out of the purchase price shall be paid on the date of the contract, and the obligation to refund the lease deposit of KRW 50 million with respect to the apartment of this case shall be succeeded by the Plaintiff, and the remainder of KRW 73 million shall be paid by the Plaintiff on August 2, 2013.

On June 22, 2013, the date of the contract, the Plaintiff remitted the down payment of KRW 13.5 million to the bank account of Defendant B.

After that, the Plaintiff transferred KRW 6.5 million on June 24, 2013, and KRW 1 million on July 31, 2013 to Defendant B’s bank account.

On July 31, 2013, through mobile phone text messages, etc., the Plaintiff expressed a wish to pay the balance to Defendant D as the Government decided to reduce the acquisition tax on real estate. However, Defendant D cannot accept it and demanded Defendant D to pay the balance on the balance payment date.

Defendant D prepared documents necessary for the registration of transfer of ownership according to the sales contract of the instant apartment on August 2, 2013, which is the remainder payment date, and only the Plaintiff at the E Licensed Real Estate Agent Office.

However, the Plaintiff did not pay the remainder while raising issues such as acquisition tax of the apartment of this case and tax reduction benefits related to future transfer.

Accordingly, on August 9, 2013, Defendant D expressed its intent to postpone the payment date of the balance to the Plaintiff on September 2, 2013 through the text message on August 9, 2013.

After that, Defendant B and D demanded the Plaintiff to pay the remainder by September 2, 2013 through the content-certified mail, etc. sent from August 19, 2013. If the Defendant fails to pay the remainder, the contract of this case shall be cancelled and the down payment shall be KRW 13.5 million.

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