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(영문) 서울중앙지방법원 2019.01.09 2018가단5053562
손해배상
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from January 27, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant: (a) requested a licensed real estate agent C (hereinafter “licensed Real Estate Agent”) to sell an apartment unit E (hereinafter “instant real estate”) owned by the Defendant; (b) requested a broker to purchase an apartment unit to the licensed real estate agent of F real estate (hereinafter “licensed Real Estate Agent”).

B. On December 24, 2017, the Plaintiff visited and confirmed the instant real estate, and negotiated the purchase price with the Defendant.

At first, the Defendant presented KRW 940 million in the first time, and later presented KRW 920 million in the last time. On December 25, 2017, the Plaintiff did not intend to purchase the instant real estate through a real estate agent on the buyer’s side.

(c) On December 25, 2017, the buyer’s real estate agent is another client (hereinafter “the second buyer”) and the seller’s real estate agent is required to enter into a sales contract immediately without confirming the instant real estate if the sales price is reduced to KRW 910 million.

The proposal was presented to the effect that the Defendant, who received the above proposal from the seller’s licensed real estate agent, expressed his/her intent to comply with it. D. However, on December 26, 2017, the buyer’s real estate agent who received the Defendant’s intention should purchase the purchase price at KRW 900 million by causing the seller’s change of light.

“The contact was made to the effect that the seller sent the intention of the 2nd buyer to the Defendant, but the Defendant did not comply therewith, but the buyer’s real estate agent at the buyer’s side did not sell “if the Defendant exceeds KRW 910 million, the sales should not be made.”

E. On the same day, the buyer’s real estate agent stated that “if another customer is KRW 900 million,” the seller’s real estate agent on the same day.

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