(영문) 창원지방법원 2019.11.29 2018가단122963

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.11.29 2018가단122963

손해배상(기)

Text

1. The Defendants shall jointly and severally serve as KRW 10,00,000 on the Plaintiff and as a result, from January 24, 2019 to November 29, 2019.

Reasons

1. Basic facts

A. On June 2018, the Plaintiff expressed to the Defendants the intent to purchase Sungwon-si D No. 1st E (hereinafter “instant real estate”) owned by the Defendants, and transferred KRW 10,000,000 to the Defendants on June 22, 2018 as a provisional contract deposit.

B. On June 26, 2018, a licensed real estate agent F sent a text message to the Plaintiff and Defendant B stating that the purchaser of the instant real estate is the Plaintiff, the selling price of which is KRW 440,00,000, the down payment is KRW 10% (if the purchase price is deemed to be a clerical error at 10%) of the deposit, the deposit shall be KRW 10,000,000, the deposit shall be KRW 10,000, and this contract shall be concluded at the office of F Licensed Real Estate Agent on June 26, 2018, the deposit shall be part of the down payment, and the seller may recover the down payment, and the buyer may waive the contract by waivering the down payment.

After that, F, on October 1, 2018, the remainder payment date of the instant real estate to the Plaintiff and Defendant B, and on the other hand, the seller was responsible for the remainder payment date until the date of the occurrence of any defect in the instant real estate, and thereafter, the F sent the draft of the sales contract on August 11, 2018, containing a special agreement that is responsible for the buyer.

C. On August 11, 2018, G, delegated by the Plaintiff and the Defendants, was only conducted at the F Licensed Real Estate Agent Office in order to prepare the instant real estate sales contract.

Unlike the above draft, the Plaintiff demanded that the period of warranty of the instant real estate be six months, unlike the foregoing draft, but the Defendants were refused to prepare a sales contract in a regular manner.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Eul evidence 1 to Eul evidence 4, witness F, and G's testimony respectively, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff purchased the instant real estate from the Defendants in KRW 440,00,000, and concluded a sales contract by paying KRW 10,000, which is part of the down payment of KRW 44,000,000 on June 22, 2018, and the Defendants.

유사 판례

-서울서부지방법원 2018.01.11 2017가단206611

-서울서부지방법원 2018.12.07 2018가단219829

-서울중앙지방법원 2020.01.30 2019가합524803

-대구지방법원 2017.05.30 2016가단42692

-서울남부지방법원 2016.12.23 2016나894