logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.12.19 2018가단215359
계약금반환등
Text

1. The plaintiff A's primary claim and the conjunctive claim are dismissed, respectively.

2. The defendant shall pay 5,000,000 won to the plaintiff B.

Reasons

1. Facts of recognition;

A. On November 29, 2017, Plaintiff A purchased real estate listed in the separate sheet from Defendant to purchase purchase price of KRW 880,000,000, down payment of KRW 88,000,000, down payment of KRW 88,000, and the remainder of KRW 792,00,000 ( March 30, 2018) (hereinafter “instant first sale contract”).

(2) On November 29, 2017, Plaintiff B, as the broker of the said E Licensed Real Estate Agent Office, concluded a sales contract to purchase the purchase price of KRW 50,000,000 for the purchase price of KRW 50,000, down payment, KRW 5,000,000 for the remainder of KRW 45,00,00 for the remainder of KRW 45,000 for the remainder of KRW 40,000 for the purchase price (hereinafter “instant secondary sales contract”).

3) Since then, Plaintiff A paid the Defendant the sum of KRW 93,00,000 (=88,000,000) for each of the instant sales contracts (i.e., KRW 5,000,000). However, at the time of entering into the instant second sales contract, there was a building ledger of H-ground buildings at the time of entering into the instant second sales contract, and based thereon, the area of the instant H-ground housing was entered in the subject matter of the instant sales contract.

2) On December 29, 2017, which was after the conclusion of each of the instant sales contracts, the building ledger of H-ground housing, which was the instant housing, was cancelled. The content and cause of the said building ledger’s modification are indicated as “the building ledger cancellation (defluence 1995) following the application for cancellation on December 29, 2017” (based on recognition). [The grounds for recognition] fact that there is no dispute, Gap evidence 1 through 8 (including the serial number, each statement of evidence No. 11, witness F, testimony of G, and the purport of the entire pleadings.

2. Judgment as to Plaintiff A’s primary claim

A. Not only the first sale contract of this case, but also the parties to the second sale contract of this case are Plaintiff A.

arrow