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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.
Reasons
1. Basic facts
A. The Plaintiff is the representative of the “F Licensed Real Estate Agent Office” located in Gangnam-gu Seoul, and the Defendants are co-owners of Gangnam-gu Seoul Metropolitan Government G Apartment H (hereinafter “instant real estate”).
(Defendant B’s share is 3/7 and the remaining Defendants’ share is 2/7, respectively). (B)
around October 2017, the Defendants requested the Plaintiff to act as a broker for the sale of the instant real estate (Defendant B’s agent for the other Defendants, etc.). Accordingly, the Plaintiff colored the applicant for the purchase of the instant real estate, either directly or through a licensed real estate agent I belonging to the said office, and proceeded with the discussion on the purchase price, etc. of the instant real estate between K and K, who wishes to purchase the instant real estate, through the “J Real Estate Brokerage Office” in November 2017. At the time, K presented 2,850,000,000 won in relation to the purchase price of the said real estate, and the Defendants presented 2,90,000,000 won in relation to the purchase price of the said real estate.
C. On November 18, 2017, Defendant B sent an account number to I, who is an employee of the Plaintiff, along with the message “2.9 billion won deposited at the time of sale and purchase,” and Defendant B consented thereto on the same day, to deposit KRW 9,00,000 as part of the down payment to Defendant B’s account on the same day, and deposit KRW 11,00,000 on the same day.
(hereinafter “instant sales contract”). D.
However, Defendant B sent a text message to the following effect: “I, as seen above, notify K of the fact that “I would return the money deposited to resolve and proceed with the problem related to seal impression,” and “I would not be able to continue to pay the down payment despite the withdrawal of the instant sales contract.”
E. I has believed that K had established the instant sales contract to Defendant B and had already resided therein.