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(영문) 의정부지방법원 2021.03.25 2020나208578
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the purport of the appeal.

Reasons

1. Basic facts

A. On June 2019, the Defendant, as the right holder of the purchase right of the Seo-gu Incheon Metropolitan City Office Officetel D (hereinafter “instant purchase right”), was contacted by a certified broker F (hereinafter “certified broker”) operating real estate E, and requested the brokerage of sale and purchase of the instant purchase right.

After deposit of KRW 3 million among the down payment on July 6, 1500,000,000 won, the President who prepared a written contract has deposited KRW 3 million with the National Assembly.

Written request for confirmation

월요일 11시 G 은행 3 층에서 뵐께요.

B. On July 6, 2019, an authorized broker called to the Defendant to arrange for negotiations on the sales price before the Plaintiff intended to purchase the instant sales right, and provided that the Plaintiff will pay an additional amount of KRW 92 million to the expenses incurred by the Defendant regarding the instant sales right, and then sent the following text messages to the Defendant (hereinafter “the instant text messages”).

(c)

On July 6, 2019, the Plaintiff and the Defendant agreed on the terms and conditions of the instant contract relating to the sale and purchase of the instant sales right through a certified broker.

The specific content of the sales price is 478,466,455 won, and the down payment is 101,966,455 won (the total sum of KRW 92,00,000 for the sales right of this case, KRW 2,400,00 for the air conditioner installation costs, and KRW 7,566,455 for the Defendant’s interest on the part of the part of the part payment of the part payment of the sales right of this case) and written a contract on July 9, 2019 and made a down payment and pay the remainder after paying the down payment to the Defendant on August 23, 2019.

(d)

On July 6, 2019, the Plaintiff deposited KRW 3,000,000 into the Defendant’s account.

E. On July 9, 2019, the Defendant notified a certified broker that he/she had no intent to sell the instant sales slip.

[Grounds for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence No. 3 (including branch numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion is about the right to sell the instant case.

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