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(영문) 부산지방법원 2014.05.21 2013가단57203
계약금등 반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 10, 2013, the Plaintiffs purchased the instant building from the Defendant for the brokerage of licensed real estate agents D, for the purchase price of KRW 300 million from the Defendant, but the down payment of KRW 30 million on the date of the contract, and the intermediate payment of KRW 20 million on May 30, 2013, and the remainder of KRW 250 million on July 30, 2013 (hereinafter “instant sales contract”); concluded a sales contract with the Defendant to pay KRW 9 million on the date of the said contract as down payment (hereinafter “instant sales contract”); and the Defendant paid KRW 21 million on March 12, 2013, respectively.

B. The instant sales contract had a special agreement with the following terms (hereinafter “instant special agreement”).

1) The registration cancellation for the establishment of a right to lease on a deposit basis, which is KRW 190 million with the maximum debt amount of KRW 100 million with the establishment of a right to lease on a deposit basis in the Gu of the registry of the instant building

C. Although the Defendant received the down payment, the Plaintiffs did not contact without cancelling the registration of the establishment of the above neighboring mortgage, the Plaintiffs sought D who arranged the instant sales contract, and requested the Defendant to contact with the Defendant to cancel the registration of the establishment of the above neighboring mortgage.

Accordingly, D sent the plaintiffs' intent to contact the defendant and cancel the registration of the establishment of the above neighboring mortgage. On May 30, 2013, the defendant did not contact D with D and cancel the registration of the establishment of the establishment of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the creation of the remainder payment payment payment, which is paid at the time of payment of the remainder. At the same time, D transferred text messages to the plaintiffs and the defendant's mobile phones, and thereafter, D sent text messages to the same purport as above to the plaintiffs and the defendant's mobile phones.

One copy for sale of a certificate of seal imprint, a certified copy of a resident registration, and a certificate of completion of registration shall be prepared at the time of July 30.

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