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(영문) 서울북부지방법원 2019.04.26 2018가단142503
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 20, 2016, the Plaintiffs entered into a real estate sales contract with Defendant C, each of the real estate listed in the separate sheet (at the time, the above Defendant used it as “F-Public Notice Board”) owned by the above Defendant, with the purchase price of KRW 2.1 billion, and agreed on the specific details of the contract as follows:

(hereinafter) The sales contract is referred to as “the instant sales” and as “each of the instant real estates listed in the separate sheet,” the ownership shares between the Plaintiffs are 1/2 each, respectively. (ii) The contract deposit amount of KRW 200 million on the date of the contract, the intermediate payment of KRW 600 million on October 5, 2016, and the remainder of KRW 1.3 billion on November 7, 2016, respectively.

3) A licensed real estate agent shall prepare a certificate of the object of brokerage (such as a certificate of mutual aid) and deliver it to both parties to a transaction simultaneously with the conclusion of the contract, accompanied by a copy of the certificate of business guarantee (certificate of mutual aid).

5) The purchase and sale of the entire registered items of the land and buildings by Defendant C is the area on the registry, and all the registered items of the land and buildings. 6) Matters not stated in the special agreement are in accordance with the provisions of the Civil Act and the general practices for the

B. Defendant D is a licensed real estate agent who has mediated the instant trade, and at the time of the instant trade, Defendant E Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant D with the content that the Defendant Association will compensate for the damages incurred to the transaction party by intentionally or negligently causing damage to the transaction party in connection with its own brokerage activities within the limit of KRW 100 million.

C. The Plaintiffs shall pay all the purchase price within the agreed time limit and shall be the date of the remainder payment.

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