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(영문) 부산지방법원 동부지원 2017.01.18 2016가단208916
소유권이전등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendants, under the trade name of “E real estate”, requested FF engaged in a licensed real estate agent business to sell 11,405 square meters of land (hereinafter “instant land”) located in Busan-gun, Busan-gun, and F decided to intermediate the sale and purchase of the instant land together with H who works as an employee of “G real estate.”

On the other hand, the Plaintiff requested the J conducting the licensed real estate agent business under the trade name of “I Licensed Real Estate Agent Office” to purchase the instant land.

B. On May 12, 2016, the Plaintiff entered into a sales contract with the Defendants for KRW 550,000,000 with respect to the instant land (hereinafter “instant sales contract”), and paid KRW 55,000,000 out of the purchase price on the same day to the Defendants, and agreed to pay the remainder KRW 495,00,000 to the Defendants on June 30, 2016.

C. Meanwhile, the instant sales contract was concluded by the buyer until the buyer pays the intermediate payment (if there is no intermediate payment, the intermediate payment) to the seller, and the buyer may waive the down payment and cancel the said sales contract.

On the other hand, the person attending the establishment of the instant sales contract is K, the actual representative of the Plaintiff, and F, H, J, and L, the actual representative of the Plaintiff.

E. On June 4, 2016, the Defendants: (a) released KRW 110,00,000, which is twice the down payment, from June 4, 2016; (b) sought F to cancel the instant sales contract; (c) requested H to inform the buyer of the foregoing fact on the same day at around 12:57; and (d) again, the Defendants called that F will cancel the instant sales contract by making telephone call to the employee of the International Licensed Real Estate Agent’s Office at around 13:35 on the same day.

F. On June 4, 2016, the Plaintiff deposited KRW 100,000,000 in the Defendant C’s account at around 14:43.

G. On June 8, 2016, the Defendants sent to the Plaintiff a certificate of content to the effect that the instant sales contract will be revoked, and on the 9th day of the same month.

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