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(영문) 울산지방법원 2017.06.28 2017나20531
가계약금 반환청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion was discovered that the land to be purchased in order to move the FFFF, and was recommended by the employees of the licensed real estate agent’s office of Ulsan-si, Ulsan-si (hereinafter “instant land”) to use the land owned by the Defendant, and transferred KRW 5 million to the Defendant’s account at the request of the said employees, without agreement on important matters, such as the date of preparation of a sales contract and the method of paying the remainder.

However, the above land has no access road, so it is impossible to transfer flowers farmers with no access road.

Since a sales contract was not concluded between the plaintiff and the defendant, the defendant is obligated to pay the plaintiff the above five million won and the delay damages for the return of unjust enrichment.

B. 1) In order to establish a contract, the agreement between the parties is required to be reached, and such agreement is not required with respect to all matters that constitute the content of the contract in question, but there is a specific agreement between the parties or at least the standard and method that can specify the specific future matters in the future (see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001). 2) In full view of the purport of all the entries and arguments in the health care unit, A, 1, and 2 as to the instant case, the Plaintiff transferred KRW 5 million to the Defendant for the purchase of the instant land on September 24, 2015. However, each entry in the evidence Nos. 1-2 and 3-2, as to the purchase price in question between the Plaintiff and the Defendant, there is insufficient evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on the land in question.

3. Accordingly,.

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