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(영문) 서울동부지방법원 2016.03.08 2015가단125846
약정금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings with the testimony of the witness C as stated in Gap evidence 1 to 4, and Eul evidence 2. A.

around May 2011, the Defendant sold D Apartment Construction Co., Ltd., in lots, Seongdong-gu Seoul Metropolitan Government 101 Dong 1904.

(hereinafter, the defendant's right to acquire the ownership of the apartment after paying the purchase price ("the right to sell the apartment in this case").

After hearing the opinion that if the plaintiff resells the right to sell the apartment of this case from E to purchase it, it would be possible to obtain profits from the resale, the plaintiff entered into a contract with the defendant to purchase the right to sell the apartment of this case in KRW 20,000,000, and paid KRW 68,064,400 as sales deposit and KRW 20,000 as sales deposit and KRW 20,000 as sales deposit. The defendant paid KRW 68,064,40 as apartment deposit.

C. The instant real estate was permitted to resell the real estate from June 2012, and the Defendant requested E to change the nominal owner of the instant apartment to the Plaintiff, but the Plaintiff and E did not comply with the request, and did not introduce another seller to the Defendant.

On November 24, 2012, the Plaintiff, Defendant, and E drafted A No. 4 (Agreement), and the details thereof are as follows:

On November 24, 2012, Seongdong-gu 101-dong 1904, B and B, the buyer of the D Apartment and the buyer of the D Apartment No. 1904, Jun. 30, 2013, sell and purchase the price of KRW 20 million and the down payment of KRW 68,064,400 and the brokerage commission of KRW 2 million by June 30, 2013, and return the price to A by the buyer by June 30, 2013.

b) if there is no purchaser by June 30, 2013, E is responsible and purchased by the mediator and bear the above amount and the interest accrued from the intermediate payment.

d.

The Plaintiff requested the F Licensed Real Estate Agent F to resell the instant real estate, thereby introducing G to Nonparty G, thereby acquiring the instant sales right.

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