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1. Revocation of the first instance judgment.
2. The plaintiffs' claims are dismissed.
3. The costs of the lawsuit are assessed against the Plaintiffs.
Reasons
1. Facts of recognition;
A. On June 2, 2017, the Defendant decided to sell land and three-story buildings in Mapo-gu Seoul (hereinafter “instant real estate”) in which one-half shares of which one-half shares are shared by oneself and ASEAN, and requested the representative G of the F Licensed Real Estate Agent Office to mediate.
B. The Plaintiffs, who are married couple, introduced the instant real estate through the representative I of the H Licensed Real Estate Agent Office, and expressed their intention to purchase KRW 1,800,000.
C. On June 3, 2017, G sent a text message to the Defendant on June 3, 2017, stating “1,820,000,000 won, and if it is possible for the remainder payment period of four months, the account number is the main time of the account number.” On the same day, G sent its J bank account to the Defendant on the same day.
On June 3, 2017, the Plaintiffs remitted KRW 20,000,000, each of the above accounts of the Defendant, to the Defendant. G sent a text message stating that “I will make a contract deposit with KRW 1,850,000,000 on the same day and deposit KRW 20,000,000 on the same day.” At the 16th of June, 2017, G sent a text message stating that “I will make a written contract from Freal estate at the 16th of June.”
E. On June 4, 2017, the Defendant sent a text message to G on June 4, 2017, stating that “it is difficult to proceed with the trade.” The Defendant sent a text message to G, stating that our small children will sell them with their entry.”
F. On September 22, 2017, the Defendant returned KRW 20 million to the Plaintiffs.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs asserted that the sales contract was concluded between the Plaintiffs and the Defendant on October 2, 2017, following consultation with the buyer’s H Licensed Real Estate Agent Office and the seller’s F Licensed Real Estate Agent Office, by setting the sales contract amounting to KRW 1,850,000,000 on the date of the remainder payment, and the sales contract was prepared at the F Licensed Real Estate Agent Office’s Office at June 16, 2017, and paid KRW 20,00,000 as part of the down payment.
Therefore, the reason behind the opposition is that they oppose.