(영문) 서울동부지방법원 2020.04.24 2019가단112411

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(영문) 서울동부지방법원 2020.04.24 2019가단112411

부당이득금

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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. On August 30, 2018, the Defendant concluded a contract with C (hereinafter “seller”) to purchase D Apartment E from the Plaintiff’s brokerage to purchase the purchase price of KRW 850 million (hereinafter “instant sales contract”), and agreed to pay the balance of KRW 665 million on October 29, 2018.

B. After the Defendant’s request, the Defendant and the seller agreed to change the remainder of the instant sales contract into KRW 765 million under the Plaintiff’s brokerage, and the payment date of the remainder into September 14, 2018, respectively. The sales contract was re-established as above.

C. On September 14, 2018, the Defendant paid the remainder of KRW 765 million to the seller, paid the purchase price in full, and completed receipt of documents related to the registration of ownership transfer at the competent registry office, in accordance with the terms and conditions of the modified contract.

However, at around 5:50 p.m. on the same day, the Plaintiff made a telephone call to the Defendant to change the remainder date of the instant sales contract from October 29, 2018 to September 14, 2018, thereby cancelling the instant sales contract and demanding the Plaintiff to enter into a sales contract with the date of payment of the remainder as of October 29, 2018.

In the event that the Defendant, upon receipt of the aforementioned request, canceled or cancels the instant sales contract and newly concludes a sales contract, he/she expressed his/her intent that the amount of money that can be loaned from financial institutions on the security of the object of the instant sales contract shall be reduced to 1/2 prior to September 13, 2018 due to the implementation of the measures for stabilization of the housing market by the government as of September 13, 2018, and the loan interest rate shall also rise to the financial burden, so this problem shall be resolved, and thereafter, if he/she pays the amount of KRW 50 million on September 16, 2018, the Defendant, as requested by the Plaintiff, intended to cancel

E. The Defendant on September 17, 2018

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