logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.12.20 2017가단3559
부동산매매계약금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The parties' assertion

A. On August 8, 2016, the Plaintiff asserted as the broker of Defendant B, a licensed real estate agent, purchased the sales price of KRW 22,3.7 million (the sales price of this case shall be KRW 188,12 million in the extension cost of KRW 6.5 million in the sales price), and the down payment shall be KRW 18.12 million in the sales price, which shall be paid KRW 3 million on the day of the contract, and the remainder of the down payment shall be paid KRW 1,5120,000 in the sales price of this case on September 9, 2016.

On September 9, 2016, Defendant C unilaterally reversed the sales contract for the right to sell and deposited the amount of KRW 6 million.

Since Defendant C unilaterally terminated the sales contract for the right of sale, it is necessary to compensate the Plaintiff for KRW 36,240,000,000,000,000 as the down payment.

Since Defendant B did not prepare a contract as a licensed real estate agent and violated the brokerage duty, the above money shall be paid jointly and severally with Defendant C.

B. Although Defendant B’s assertion of the Defendants had consulted with the Plaintiff on the sale of the instant sales right, the parties to the contract who agreed to purchase the instant sales right are not the Plaintiff but the Plaintiff’s mother E.

Therefore, the plaintiff's claim based on the premise that the plaintiff is a party to the sales contract is unfair.

Furthermore, Defendant C did not have agreed to the down payment of KRW 18120,000 in the sales contract of the instant sales right.

2. As to who is a party to a contract where an actor to make a judgment was engaged in a juristic act in the name of another person, the parties to the contract shall first determine the offender or the title holder as the party to the contract in accordance with the consent of the actor if the actor and the other party agree. If the actor and the other party fail to agree, the contract shall be concluded, such as the nature, content, and purpose of the contract.

arrow