(영문) 서울남부지방법원 2015.01.15 2014나10736

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(영문) 서울남부지방법원 2015.01.15 2014나10736

손해배상(기) 등

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On August 14, 2012, the Plaintiff concluded a contract with Defendant C as a broker of Defendant B, with the following content that the Plaintiff purchased at KRW 175,00,000 (the date of payment for down payment: KRW 50,000 (the date of payment for down payment: the date of payment: August 30, 2012) the intermediate payment of KRW 50,000,000 (the date of payment: the date of payment: the date of payment: the date of payment; February 14, 2013) the land of KRW 175,00,000 (the land of this case) and the building owned by the Defendant C as well as at KRW 175,00,00 (the date of payment: February 14, 2013).

(hereinafter) Article 2 (Transfer, etc. of Ownership). The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be February 14, 2013.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

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.

The Plaintiff paid the down payment of KRW 15,000,000 (hereinafter “the down payment in this case”) to Defendant B who represented Defendant C on the same day.

B. On October 23, 2012, the Plaintiff, on the dispute over down payment, sent to the Defendants a content-certified mail demanding the return of the instant down payment, on the ground that the owner of the instant land is Defendant B.

As to this, the Defendants around October 31, 2012.

유사 판례

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