(영문) 인천지방법원 2016.11.04 2015가단64444

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(영문) 인천지방법원 2016.11.04 2015가단64444

계약금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The sales contract (hereinafter “instant sales contract”) with respect to Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real estate”) owned by the Defendant is prepared as follows.

(1) On September 20, 2015, as of September 20, 2015, the date of preparation, the seller pays the intermediate payment to the seller before the buyer pays the intermediate payment to the seller, the buyer, the Plaintiff, the broker E (D Real Estate Real Estate Agent Office) (3) the purchase price of KRW 114 million in the purchase price of KRW 100 million in the purchase price of KRW 3) 114 million (in the event of the contract payment, KRW 90 million in the purchase price of KRW 10 million in the outstanding payment date, the seller’s cancellation of the outstanding payment date, and the remainder of KRW 14 million in the purchase price of KRW 14 million in the outstanding payment date).

(5) If the seller or the purchaser fails to fulfill the terms of this contract, the seller or the purchaser may give written notice to the other party and may cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

(6) A special agreement: 50,000 won out of the down payment shall be paid on the day and the remaining 9,500,000 won shall be paid on October 11.

B. Meanwhile, on May 4, 2015, the Defendant concluded an exclusive brokerage contract with E that allows E to exclusively mediate the instant real estate (hereinafter “instant exclusive brokerage contract”) with respect to the real estate between E, a licensed real estate agent, by September 30, 2015, agreed to the period of validity of the exclusive brokerage contract that E pays to the Defendant as KRW 3 million, and delegated the affairs regarding the conclusion of the instant real estate transaction contract to E.

[Grounds for recognition] Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion pertains to the instant real estate between E and the Defendant’s representative on September 20, 2015.

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