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(영문) 수원지방법원안산지원 2015.08.19 2013가단40919
위약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In Ansan-si, the Defendant requested the sale of the instant real estate at the D Licensed Real Estate Agent’s Office as the owner of the building site and the 1st underground floor and the 3rd floor above ground (hereinafter “instant real estate”).

B. The Plaintiff introduced the instant real estate from D Licensed Real Estate Agent E, the representative of D Licensed Real Estate Agent Office, and sent the instant real estate to E on August 31, 2013.

At the time of the instant real estate, the Defendant did not exist, and there was F having been a management of the instant real estate while living in the instant real estate in the Republic of Korea.

C. Although the Plaintiff want to have the instant real estate covered KRW 510,000,000, the Plaintiff did not enter into a contract on the same day due to the Defendant’s absence.

Accordingly, on September 2, 2013, the Plaintiff and F entered into a contract in consultation with the Defendant.

In addition, the Plaintiff, at the recommendation of E, remitted 5,000,000 won to the Defendant’s account known by F.

E has written the following contents of the receipt, and F has written the above receipt with the “Defendant, Proxy F” and signed it.

The payee: The plaintiff, the amount: 5,00,000 won, the indication of real estate: The above amount of the real estate sale price of this case shall be collected as part of the down payment for the real estate 5,100,000 won indicated above, and this receipt shall be issued as a certificate.

On September 2, 2013, the Plaintiff moved to D Licensed Real Estate Agent Office along with his wife G on September 2, 2013, and the Defendant also entered the said office with F.

The Plaintiff and the Defendant discussed the following matters (hereinafter referred to as “instant matters”):

The Plaintiff accepted the Defendant’s obligation to return the instant real estate lease deposit, and the Plaintiff, instead of paying the purchase price, remodelling the studio 5 room on the instant real estate at the Plaintiff’s expense, which is currently a public room, and leases it before the remainder payment date, and the F prepares the balance of the purchase price as the paid lease deposit.

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