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(영문) 대전지방법원 2021.03.10 2019가단133339
소유권이전등기절차이행
Text

1. The plaintiff's main claim is dismissed.

2. A. The Defendant: KRW 20,000,000 on January 3, 2021 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, as the owner of the apartment in the attached list (hereinafter “instant apartment”) indicated in the attached list, requested a certified broker C (mutual “D”; hereinafter “Defendant side”) to mediate the instant apartment sales, and the Plaintiff requested a certified broker E (mutual “F”; hereinafter “Plaintiff side E”) to purchase the apartment. Although the Plaintiff and the Defendant did not directly contact with each other, the Plaintiff agreed to purchase the instant apartment in the amount of KRW 510 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

On October 9, 2019, the Plaintiff’s agent, the buyer, sent the following text messages to the Defendant’s agent (hereinafter “the instant text messages”).

G Apartment H H Trading price: 51,000 million won contract gold: 10%, the gold will succeed to the deposit.

The balance date: If part of the down payment is paid in KRW 10 million on November 11, the seller's repayment at the time of the non-payment of the contract, and the buyer is treated as the penalty.

The date of preparation of the written contract shall be 10 days or less after the partial deposit of the down payment.

B. As a result, the Defendant’s agent, by making a phone call to the Defendant to deliver the above contents verbally (the Defendant’s broker does not deliver the above text message received from the Plaintiff’s counterpart). The Defendant’s account number asked the Defendant’s account number to receive a down payment of KRW 10 million to the Defendant and notified the Plaintiff’s counterpart of the receipt of the Defendant’s account number from the Defendant. On October 9, 2019, the Plaintiff wired the Plaintiff’s account deposit amount of KRW 10 million to the Defendant’s account.

After that, the defendant broker is the defendant with a down payment of KRW 10 million.

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