Text
1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. The defendants are individually the plaintiff 38,660.
Reasons
1. Basic facts
A. On March 14, 2018, the Defendants requested the “E Licensed Real Estate Agent Office” located in Gangnam-gu Seoul, Seoul to intermediate the sale of real estate indicated in the separate sheet (hereinafter “instant real estate”).
B. On June 2, 2018, the Plaintiff, via a licensed real estate agent F of the above brokerage office, expressed that the Defendants intended to purchase the instant real estate in KRW 368,60,000 through the said brokerage office F. On the same day, the Plaintiff transferred KRW 2,00,000 to the bank account known by Defendant B, after hearing the phrase, that “The contract amount is KRW 38,60,000,000, and the intermediate payment is substituted by the Plaintiff’s succession to the Defendants’ obligation to lend the instant real estate, and the remainder is paid on July 2, 2018.”
C. After the lapse of 10 to 20 minutes from the date on which Defendant B received remittance of the above KRW 2,00,000, Defendant B stated to the effect that “F would have known the fact that the loans applied by Defendant C, the wife, would have been implemented, and attempted to lease the instant real estate without any loan by repaying the money borrowed from the Financial Cooperative, thereby making it difficult to proceed with the sales contract,” and that F sent the same purport to the Plaintiff at the same time.
On June 4, 2018, the Plaintiff remitted KRW 36,600,000 to the bank account known by Defendant B as the remaining down payment. The Defendants issued to F a certificate of content to the effect that, on June 12, 2018, the Plaintiff’s contact address, personal information, and the account number request information from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, and 7 evidence (including each number; hereinafter the same shall apply), witness F's testimony and the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion is premised on the fact that the sales contract with the Defendants was concluded at the time of remitting KRW 2,00,000 on June 2, 2018.