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(영문) 서울중앙지방법원 2020.05.27 2019나44028
계약금 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is the owner of C forest land 6,612 square meters and D forest land 3,306 square meters (hereinafter “the instant forest”) in Chuncheon-si, and E is the owner of the Helel, a 6-story building located in Gwangju Northern-gu F and G, and the Defendant is a person who engages in real estate brokerage business under the trade name of I.

B. On May 13, 2015, the Plaintiff entered into a contract with the Defendant to exchange the instant forest land with E as the Defendant’s intermediary (hereinafter “instant exchange contract”), and as the day before that contract, the Plaintiff entered into the instant exchange contract.

5. 12. At the Defendant’s request, the deposit of KRW 10 million was deposited into the Defendant’s account.

C. However, while the instant exchange contract was not implemented properly, the Plaintiff, who discovered that the instant telecom was under auction, demanded the Defendant to recover the certificate of the right to registration of the instant forest land from the Defendant and pay the down payment.

Accordingly, the Defendant returned to the Plaintiff KRW 2 million on November 24, 2015, KRW 1 million on June 7, 2016, and KRW 4 million on July 26, 2016. The Defendant did not raise any particular objection to the Plaintiff’s assertion on the time of return. The Plaintiff’s assertion on the return of KRW 2 million on November 24, 2016 appears to be a clerical error in the Plaintiff’s statement on November 24, 2015.

The following text messages sent:

Plaintiff: By the end of the National Assembly, the President must do so.

Cheongderna

On November 27, 2017, 10:1 A.M. 10:11) The Defendant: the President; and

(2) On December 1, 2017, 2017: 2:43. The Plaintiff: the National Assembly President No. 2010, 196.

(2) On December 6, 2017, 10:18 A.M. 10:18 A. 10:0 am on December 6, 2017: 10 am. (10:20 am on December 6, 2017)

I will contact as the contract is concluded on December 11, 2017 (10:04 A.M.).

Defendant:

(2) On December 19, 2017, 4:06. Plaintiff: the National Assembly of the Republic of Korea has limit to the National Assembly of the Republic of Korea.

In this regard, the detailed statement of the resolution will be prepared within the period of 2017.

In addition, every end-up statement shall be made only later. It is not such a promise but every day.

(d) telephone;

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