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(영문) 서울동부지방법원 2018.06.15 2017가단129835
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts following the facts are either in dispute between the parties or in accordance with Gap evidence 1, 2, 5, 6, 8, Eul evidence 1, Eul evidence 2-1 to 3, Eul evidence 3-1, 2, Eul evidence 4-1, 2, Eul evidence 4-2, Eul evidence 6, and 7 as a whole.

A. On April 16, 2017, the Plaintiff decided to purchase an apartment unit of Songpa-gu Seoul Metropolitan Government D apartment unit (hereinafter “instant apartment unit”) from the Defendants to purchase KRW 590 million. The Plaintiff, on the day and April 21, 2017, paid the Defendants a total of KRW 30 million on the day, and the down payment on the same day, and on August 31, 2017, paid KRW 560 million on the remainder, and the intermediate payment was made on the part, and the amount equivalent to interest of KRW 200 million on the secured debt of the right to collateral security (hereinafter “instant apartment”) established on the instant apartment from June 1, 2017 to the seller’s bank account (i.e., the account number: F; hereinafter “instant account”); and the seller may enter into the sales contract with the settlement of the intermediate payment and cancel the sales contract (hereinafter “the instant amount”).

The Plaintiff paid the full down payment to the Defendants by April 21, 2017.

B. On June 19, 2017, the Defendants sent to the Plaintiff a document verifying the content that the instant sales contract will be rescinded by paying a double of the down payment, but returned, the Defendants deposited KRW 60 million, which is a double of the down payment, with the Suwon District Court No. 5225, Jun. 22, 2017. On June 23, 2017, the Defendants sent to the Plaintiff and G, a licensed real estate agent, who arranged the instant sales contract, a document certifying the intent to cancel the said contract and the fact of the deposit for repayment.

The content-certified mail against the plaintiff was returned, and G received it and sent it to the plaintiff by H message with a photograph affixed on July 6, 2017.

(c).

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