(영문) 부산지방법원 2020.12.10 2020가단316191

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(영문) 부산지방법원 2020.12.10 2020가단316191

위약금 등

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendant, as the holder of the right to sell the instant apartment E (hereinafter “instant apartment”) in Seo-gu, Busan (hereinafter “instant apartment”), requested the Defendant’s licensed real estate agent to mediate the sales of the instant apartment unit.

B. On April 24, 2020, the Plaintiffs decided to purchase the instant sales right from the Defendant from the Defendant as a broker of a licensed real estate agent on the Plaintiffs’ side, and on the same day, remitted KRW 10,000,000 to the Defendant as a down payment (hereinafter “the instant money”).

C. Accordingly, on the same day, a licensed real estate agent of the plaintiffs sent a text message to the plaintiffs that "the contract of this case is completed in part 10,000,000 won of the down payment of 40,000,000 won of the apartment of this case. Upon cancellation of the contract, the seller shall pay for the double payment of the down payment, and the buyer shall determine the penalty by the failure to give up the down payment." The date of change in the name of real estate agent shall be as of May 6, 2020." On the same day, the defendant sent a text message to the defendant that "40,000,000 won of the premium, the change in the name of the intermediate payment, 5/6 seller's share of the intermediate payment, 10,000,000 won of the down payment, and the contract was concluded, and the seller shall be liable for the double payment."

On the same day, licensed real estate agents of the plaintiffs sent text messages to the plaintiffs to the effect that "the mid-term amount of KRW 190,140,000", "the mid-term sales contract amount of KRW 31,690,000, extended down payment of KRW 902,00,000, and KRW 72,592,000,000 in total - KRW 10,000 in = 62,592,00,000 in = 62,592,000, which was delivered by the defendant, and sent the copies of the sales contract for the apartment of this case and the pictures of the defendant's passbook.

E. On April 29, 2020, the Plaintiffs would be expected to receive confirmation from the seller on May 6, 2020 as to whether a real estate agent on the plaintiffs' side will proceed with the change of name until 2:00 p.m. of gold day.

When the change of name does not proceed due to the change of the seller, the expenses related to the director who has been conducted on the side of the purchaser until now.

유사 판례

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