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(영문) 대전지방법원천안지원 2019.07.25 2018가단103453
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants are co-owners of each of the lands D, E, and F (hereinafter “instant land”) in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Nam-gu, the Nam-gu (hereinafter “the instant land”), who have raised objection to Australia and the Republic of Korea.

B. Around March 2016, the Plaintiff: (a) requested H, who operates the G Authorized Brokerage Office, to intermediate the purchase of the instant land; and (b) consulted with the I Real EstateJ delegated by Defendant B, and the Defendants, on the terms and conditions of the purchase and sale of the instant land.

C. H through the agreement between the Plaintiff and the Defendants on the purchase price of the instant land in KRW 1,194,150,000 (contract amount of KRW 120,000,000, the balance of KRW 1,074,150,00) and the remaining payment period (of June 30, 2016), and H made a draft of the sales contract on May 6, 2016, and requested K to send the said draft back to K with the signature of the Defendants.

K according to the Defendants’ delegation, K appears to be appropriate for the Defendants to sign a fixed contract with H on May 7, 2016. However, since long-distance flight was difficult and the previous sales contract was not sexually formed, if the deposit of provisional contract is confirmed by requesting the Defendants to add the following special terms to the draft of the contract in the form of the provisional contract, it would be expected that the Defendants will enter Korea during May. At the same time, when the provisional contract is signed and the provisional contract is returned to Australia by May 11, 2016. The provisional contract amount of KRW 20,000,000 is included as part of the contract deposit amount. After signing the provisional contract and cancelling the contract due to the buyer’s circumstances, the provisional contract amount of KRW 20,000,000 is not returned.

E. On May 7, 2016, H reflects the aforementioned request of K, and indicated the following special terms and conditions. If H prepares a draft “provisional contract for real estate sale” in which part of the Defendants’ resident registration numbers and signature column were recorded, and send it by e-mail to K, and then send it again with the Defendants’ signature.

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