beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On February 23, 2018, the Plaintiff introduced the right to sell the Daegu Suwon-gu E apartment Fho Lake (hereinafter “instant apartment”) from a licensed real estate agent D of the Office of Licensed Real Estate Agents on February 23, 2018, and through D, consulted with the G Licensed Real Estate Agent H of the G Licensed Real Estate Agent Office, which the Defendant offered the said right to sell in lots, by contact with D.
B. The Plaintiff, via D and H, reduced the purchase and sale price of the instant apartment by KRW 50 million at the initial KRW 510 million, and agreed to register the ownership of the instant apartment at the same time as the remainder payment was made on April 27, 2018, by paying KRW 10 million, which is a part of the down payment, to the Defendant’s account. The Plaintiff first agreed to register the ownership of the instant apartment at the same time as the remainder payment was made on June 10, 2018 without intermediate payment.
C. The Defendant, even after receiving remittance of KRW 10 million from the Plaintiff on March 1, 2018 after the conclusion of the sales contract as above, refused performance by unilaterally notifying the cancellation of the sales contract on March 1, 2018. As such, the Defendant is obligated to pay KRW 90 million after deducting KRW 10 million returned to the Plaintiff from the amount of KRW 100,000,000, which is a part of the down payment, pursuant to Article 565(1) of the Civil Act, as a cancellation fee or to compensate for the amount of damages equivalent to the profit accrued to the Plaintiff due to
2. Judgment on the plaintiff's assertion
(a) The facts under the recognition may be found by the parties or by the purport of Gap evidence Nos. 2, 4, Eul evidence Nos. 1 and 6 (including each parcel number), part of the witness H's testimony and all pleadings.
1) On July 18, 2015, the Defendant entered into a cooperative supply contract with the instant apartment (the scheduled completion date, April 26, 2018). On February 5, 2018, the Defendant issued the instant apartment as a substitute to H of the licensed real estate agent of the G Licensed Real Estate Agents’ Office. 2) under the contact that H was an applicant for purchase from D, and on February 23, 2018.