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(영문) 대전지방법원 2017.12.27 2016가단224647
매매대금반환
Text

1. Defendant B’s KRW 30 million and, with respect to the Plaintiff, KRW 5% per annum from November 4, 2013 to December 1, 2016, and the following:

Reasons

1. Presumed facts

A. On November 1, 2013, the Plaintiff entered into a sales contract (hereinafter “instant contract”) with Defendant B, who was the owner of Seocheon-gun D and E land (hereinafter “instant land”) to purchase the said land at KRW 460 million (the contract amounting to KRW 46 million and the remainder KRW 414 million) (the payment of KRW 46 million on April 1, 2014).

Defendant C is a licensed real estate agent who has mediated the instant contract, and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

B. Article 6 of the instant contract provides, “If the seller or the purchaser has defaulted on the terms of this contract, the other party may demand in writing the other party to the contract and rescind the contract. The other party may claim damages arising from the rescission of the contract to the other party, and the other party to the contract shall be deemed to be the basis for compensation for damages, unless otherwise agreed upon.” The special agreement provides, “This contract shall be null and void if the permission is obtained prior to the date of the remainder of the contract, and if the buyer fails to pay any balance within 20 days after obtaining the permission, this contract shall be deemed null and void at source, and the buyer shall not exercise the right to the land. Of the down payment, the 26 million won out of the down payment shall be deposited on November 4, 2013, and at the same time deliver the written consent of use.” Provided, That the application for permission may be extended at the time of an administrative agency’s supplementary measure.

C. The Plaintiff paid to Defendant B, KRW 20 million on November 1, 2013, and KRW 10 million on November 4, 2013, respectively. D.

Defendant B completed the registration of ownership transfer of the instant land in the future on September 27, 2016.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Judgment on the main claim

A. Defendant B’s summary of the Plaintiff’s assertion in this case.

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