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(영문) 광주지방법원 2017.03.03 2016가단506866
계약금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant newly constructed a D apartment on the land outside the Jeju-si and two parcels, and on May 12, 2016, the said D apartment was completed.

B. On October 26, 2015, the representative E of the Plaintiff Company: (a) asked Nonparty F, who was in charge of the Defendant’s new construction and sales of the Defendant’s D apartment; (b) informed Nonparty F, based on the base floor, that the estimated sale price was KRW 6.2 million per square.

C. On October 26, 2015, the Plaintiffs transferred KRW 30,000,000, respectively, to the Defendant’s financial account. On November 4, 2015, the Defendant returned KRW 30,000,000 to the Plaintiffs’ financial account.

On November 9, 2015, the Plaintiffs transferred KRW 60,000,000 to the Defendant’s financial account, respectively, and the Defendant returned KRW 60,000,000 to the Defendant’s financial account on November 16, 2015.

E. On December 4, 2015, the Plaintiffs transferred KRW 60,000,000 to the Defendant’s financial account, respectively, and the Defendant returned KRW 60,000,000 to the Plaintiffs’ financial account on December 7, 2015.

F. On January 2016, the Plaintiffs sent to the Defendant a certificate of content verifying whether the Defendant had an intention to perform the sales contract for the D apartment six households, and around that time, the Plaintiffs reached the Defendant.

G. On February 2, 2016, the Defendant notified the Plaintiffs that “No sales contract was concluded with the Plaintiff for six households of D apartment units” by content-certified mail.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence Nos. 6, 7, Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion 1) On October 26, 2015, among D apartment newly built by the Defendant and the Defendant, six households of apartment units of 102, 501, 601, 701, 801, 703, and 803 (hereinafter “six households of this case”).

2) The sales contract of this case is a contract under which the sales contract of this case is to be purchased in 1,260,000,000 won per household (hereinafter “the sales contract of this case”).

B. The Plaintiffs concluded a verbal contract, and the Plaintiffs concluded a down payment per household under the instant sales contract. 20,000.

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