(영문) 서울서부지방법원 2018.01.11 2017가단206611

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(영문) 서울서부지방법원 2018.01.11 2017가단206611

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”).

B. On December 9, 2016, the Defendant residing in the U.S. requested a real estate agent C (D Licensed Real Estate Agent Office) to sell the instant real estate. On January 9, 2017, C prepared a draft of the sales contract (No. 1; hereinafter “the draft of the instant sales contract”) and photographs of the draft, and sent the photograph files to the Defendant via the Kakakakakao Stockholm dialogue. The Defendant sent a message “I would like to proceed with the instant real estate. I will this process.”

The main contents of the draft of the instant sales contract are as follows.

The seller and the buyer of Article 1 of the sales contract for multi-family housing shall enter into a sales contract for the following real estate as stipulated in the following contract:

1. Real estate indicated in this case;

2. The sales amount of KRW 1,670,000,000 as the down payment of KRW 167,000 shall be specified separately in the terms and conditions of the contract, 257,000,000,000 as the current rental deposit to be paid at the time of the contract.

Any balance of KRW 1,246,00,000 shall be paid on January 1, 200.

Article 2 (Transfer, etc. of Ownership) The seller shall deliver documents necessary for the transfer registration of ownership to the buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the said real estate shall be the date of every

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

(Matters of Special Agreement)

1. Sales contract in the current state of facilities: Provided, That in the event of defects in the total sum of remainder, the seller shall repair and deliver real estate;

2.The current status of lease of real estate at present in this sale shall be the seller's active cooperation so as to secure a new lessee and increase the deposit for lease on a deposit basis.

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