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(영문) 창원지방법원밀양지원 2017.09.13 2016가단12160
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 August 15, 2016, the Plaintiffs, upon introduction by Defendant E, an employee of the licensed real estate agent office operated by Defendant D, to purchase KRW 960 million from the purchase price, the first floor above the top floor and the third floor above the ground level (hereinafter “instant building”) owned by Defendant C (hereinafter “instant building”). On the same day, the Plaintiffs paid KRW 50 million from the down payment amount and KRW 50 million from the following day to Defendant C, and the remainder of KRW 50 million from the down payment (hereinafter “instant sales contract”) are as follows.

The down payment of KRW 100,000 for the down payment of KRW 960,000 for the purchase price of real estate shall be paid at the time of the contract and the remainder of KRW 860,000 for the receipt shall be paid on September 13, 2016.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Article 8 (Confirmation, Delivery, etc. of Object of Brokerage) The broker shall prepare a confirmation and explanatory note of the object of brokerage, and deliver them to both parties to the transaction simultaneously with a copy of the business guarantee certificate (mutual aid certificate, etc.).

(1) The contract shall be entered into by the purchaser as it is, <3> The contract shall be confirmed that there are parts accumulated in the walls of underground floors and the second and third floors of the present building (repair shall be conducted by the purchaser).

B. On September 9, 2016, unlike Defendant C and Defendant E’s explanation, the Plaintiffs notified Defendant C of the fact that the leakage phenomenon and rupture of the instant building could not be used as a hospital because it was too serious, and thus, returned the down payment KRW 100 million after cancelling the instant sales contract.

C. Defendant C is on September 19, 2016.

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