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(영문) 부산지방법원 2021.03.09 2020가단335178
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of the building of 132 m2 and 5 m2 m2 on the land in Busan Jung-gu and Busan Jung-gu (hereinafter “instant land and building”).

B. On October 2019, the Plaintiff requested the KJ of an authorized broker to color the land in which the parking building is to be constructed in the zone of Jung-gu, Busan. On March 2020, J introduced the instant land and building to the Plaintiff.

(c)

On March 16, 2020, the Plaintiff sent Kakao Stockholm message to J on March 16, 202, “I.S. parking lot need not be adjusted.” On April 20, 2020, J may sell 50 million won per 40 square meters to the Plaintiff.

“The message sent”.

After that, the J and the Plaintiff exchanged the message on the current status, etc. of the lease of the instant building, and upon the Plaintiff’s request, the J requested L corporation to conduct a survey of the instant land and conducted a survey of the boundary restoration on June 19, 2020.

(d)

J on June 24, 2020, “The Plaintiff is scheduled to enter into a contract with Seoul CC and it will be good if it has received the down payment.”

I.

B CC Account Number shall be received.

After sending the message “,” the Defendant B’s account number was known.

Accordingly, the Plaintiff shall confirm whether “the account number is available” to J.

After sending the text message stating 2 billion won (I), the J sent the word "2 billion won," and then the J sent the down payment of KRW 30 million to the account under the name of the Defendant B, and the J promised to enter into the contract with the Plaintiff on June 29, 2000.

“The message sent”.

E. On June 28, 2020, the Defendants expressed to J that they would not conclude a sales contract for the instant land and building, and Defendant B returned KRW 30 million to the Plaintiff on July 1, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 10, witness J's testimony, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is made through J as a broker.

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