logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.10.18 2018가단200690
매매대금반환
Text

1. The Defendant’s KRW 130 million to the Plaintiffs and 5% per annum from November 16, 2017 to February 28, 2018.

Reasons

1. On October 20, 2017, the Plaintiffs’ husband and wife concluded, at the Defendant and D Licensed Real Estate Agent Office, a sales contract to purchase the Daejeon Sung-gu F site and building (hereinafter “instant real estate”) owned by the Defendant for the brokerage of Licensed Real Estate Agent E (hereinafter “instant sales contract”) with the purchase price of KRW 510 million (hereinafter “instant sales contract”).

The down payment of the instant sales contract was paid on November 20, 2017, which was after the month when the remainder amounting to KRW 480 million without intermediate payment was paid in KRW 30 million.

According to the terms and conditions of the instant sales contract, 80 million won out of the remainder shall be paid with the loan and if the loan is not incurred, the seller shall return the down payment of 30 million won to the buyer. The seller shall show the lessee of the building by the date of the remainder payment, and the seller shall deliver the remainder to the buyer without the lessee, and if part of the remainder falls short of the remainder by the payment date of the remainder, the remainder shall be paid until February 28, 2017.

At the time, it was found that the confirmation description of the object of brokerage prepared by the licensed real estate agent and delivered to the plaintiffs is not available.

The plaintiffs paid 30 million won the down payment to the defendant, and the defendant sent 100 million won to the defendant on November 16, 2017, prior to the remainder payment date, on the grounds that it is necessary for the defendant to present the lessee of the building.

On November 19, 2017, before the remainder payment date, the Defendant confirmed the keys of the instant real estate to the Plaintiffs only, and confirmed the inside of the instant real estate only by the Plaintiffs. Among them, the Defendant made a ice and other ices, and received a written estimate from the Defendant as to the number of constructors.

Accordingly, the plaintiffs confirmed that the real estate agent had not shown the whole real estate of this case by the defendant before the conclusion of the contract of this case, and only part of the real estate of this case was confirmed by the defendant.

arrow