(영문) 서울중앙지방법원 2019.09.05 2018가합586774

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(영문) 서울중앙지방법원 2019.09.05 2018가합586774

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 5, Eul evidence Nos. 1 and 2:

The defendant and the defendant's spouse non-party C are the owners of the right to move into the E Apartment Housing F, which was newly constructed according to the housing redevelopment project in Dongjak-gu Seoul Metropolitan Government D. (hereinafter "the right to move into the present case").

B. On August 25, 2018, the Plaintiff and the Plaintiff’s spouse G Nonparty G consulted on the sale of the instant occupancy right at the Defendant, C, and H Licensed Real Estate Agent’s Office (hereinafter “H Licensed Real Estate Agent’s Office”).

At the time, the Defendant and C signed the receipt stating that the Plaintiff and G receive KRW 30 million (hereinafter “the instant money”) from the Plaintiff and G, and that “I will receive the said money in full as part of the sales contract deposit for the right to occupy the instant area and issue this receipt.”

C. On August 27, 2018, the Defendant returned the instant money to the Plaintiff’s account.

On August 28, 2018, the Plaintiff discussed again at the Defendant and H Licensed Real Estate Agent Office about the terms and conditions of the occupancy right of this case, but the agreement was reached.

2. The plaintiff's assertion and judgment

A. On August 25, 2018, the Plaintiff’s summary of the Plaintiff’s assertion: (a) purchased the sales amount of KRW 1.585 million with the Defendant with respect to the right to move in in in the instant case; (b) concluded a sales contract with KRW 158,500,000,000, which is 10% of them, as a down payment; and (c) paid the instant money to the Defendant as part of

However, on August 27, 2018, the Defendant expressed his intention to refuse performance by returning the instant money to the Plaintiff, and the said sales contract was cancelled. As such, the Defendant is obligated to compensate the Plaintiff for KRW 317 million, a double of the down payment of KRW 158,500,000,000, pursuant to the agreement on the penalty for breach of contract under the said sales contract.

The plaintiff, as the lawsuit of this case, is part of the amount of KRW 270 million.

유사 판례

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-수원지방법원성남지원 2017.07.11 2016가단221992

-서울고법 1985. 8. 21. 선고 85나949 제3민사부판결 : 확정

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