beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. Basic facts - around September 7, 2018, the Plaintiff decided to purchase the status of the buyer of the unit for the Daegu North-gu C apartment D (hereinafter “instant real estate”) that is expected to move from the Defendant, and remitted KRW 2 million as a provisional contract deposit.
Around the 10th day of the same month, the plaintiff and the mother of the defendant are in a real estate brokerage office in order to prepare a sales contract regularly.
However, the defendant was aware that (other than the sale price) the interest accrued from the intermediate payment loan and the virtual value of KRW 12 million was borne by the plaintiff as the purchaser, but the plaintiff was not notified of the terms and conditions of the contract in advance by the broker, etc.
The plaintiff left the place that "the plaintiff would not conclude a sales contract because he did not think that he would have to bear interest."
[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 1 evidence, the purport of the whole pleadings
2. The assertion and judgment
(a) For the formation of a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters forming the content of the contract in question, but there is a specific agreement with respect to its essential or important matters, or at least an agreement with respect to standards and methods that may specify the future specifically;
(see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). As seen earlier, there was no agreement between the Plaintiff and the Defendant as to the burden of interest arising during the period.
In addition, the issue of whether to pay interest accrued or not is different from the determination of the amount of purchase price, and therefore, it is an important matter in the sales contract of purchase right.
This is more so in that the interest accrued in this case reaches KRW 12 million.
Therefore, the sales contract for the instant real estate between the Plaintiff and the Defendant did not reach the establishment stage.
The plaintiff .