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(영문) 수원지방법원 성남지원 2021.02.10 2019가단225551
손해배상(기)
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the owner of Seongbuk-gu apartment E (hereinafter “the apartment of this case”) in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and requested F Authorized Broker G to sell the instant real estate.

B. The Plaintiffs expressed their intent to purchase the instant apartment through H’s authorized brokerage office I. At the time, the Defendant resided in Australia, and the J, a broker of G, agreed on the purchase price through the Defendant and Kakao Stockholm Stockholm, and decided that the purchase price was KRW 606,00,000.

(c)

G delivered the above purchase price and account number to I, and the Plaintiffs paid KRW 20,000,000 as part of the down payment to the account in the Defendant’s name through I on August 9, 2019.

(d)

On August 13, 2019, the Defendant talked to the effect that G cannot implement the instant sales contract through East K, and G transferred the said content to the Plaintiff’s side.

On August 16, 2019, the Defendant returned to the Plaintiffs a penalty of KRW 10 million and KRW 20 million already paid to the Plaintiffs through G, and expressed its intent to terminate the instant contract. However, the Plaintiffs expressed their intention of refusal and deposited KRW 40 million with the account in the name of the Defendant.

E. Accordingly, the Defendant again expressed that the Plaintiffs would pay the sum of KRW 60 million and penalty of KRW 10 million, which is the sum of KRW 70 million paid by the Plaintiffs, but the Plaintiffs refused it, and deposited KRW 60 million with the Seoul Western District Court KRW 330, August 30, 2019, by designating the Plaintiffs as a person who was the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal and the principal have paid KRW 70 million.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The purchase and sale contract for the apartment of this case was established between the plaintiffs and the defendant, and the plaintiffs as part of the down payment KRW 60 million.

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