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(영문) 서울동부지방법원 2021.01.12 2020가단121718
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

(b) the facts of the basis;

A. On December 11, 2019, the Plaintiff expressed his/her intention to purchase D Apartment E-ho (hereinafter “instant real estate”) owned by the Defendant, which came as a product at the Defendant’s authorized brokerage office, and transferred KRW 5 million to the Defendant’s account at around 18:50 on the same day upon receipt of the Defendant’s account number notice via the broker of the said brokerage office.

B. The instant broker around December 11, 2019, around 19:16, to F, his spouse, the Plaintiff’s agent, “a contractual address: 580 million won of the purchase price for DNA apartment E-family, Dongdaemun-gu, Seoul.

Of 10% of the down payment, 5 million won per gold day was deposited, and the remainder of 53 million won was deposited at the same time as this contract was made on December 4, 2019.

Existing tenants have the honor to accept the tenants.

The seller's account number: SC Japan Bank************ after deposit of the down payment, the seller shall make a repayment of the down payment and the buyer shall give up the down payment, and the buyer shall give up the down payment.

The text message of the instant text message (hereinafter referred to as “instant text message”) was sent.

(c)

Although the defendant was only at the plaintiff and the above brokerage office on December 12, 2019, the defendant did not affix his/her seal to the sales contract prepared with the following contents while withdrawing his/her intent to conclude the sales contract on that job:

The contract which is not sealed by the plaintiff and the defendant shall be paid in the amount of KRW 580,00,000 for the purchase price, KRW 240,000,000 for the security deposit, KRW 580,000,000 for the buyer's succession, the down payment, KRW 580,000 for the intermediate payment, KRW 10,000,000 for the contract at the present time, and shall be paid in January 10, 202, and the remaining amount of KRW 2772,00,000 shall be paid in February 14, 2020.

A seller shall deliver all the documents necessary for the registration of ownership transfer to a buyer simultaneously with the receipt of the balance, and cooperate with the registration procedure, and the delivery date of the said real estate shall be February 14, 2020.

If a seller or a purchaser fails to perform any of the terms and conditions of this contract, that person.

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