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(영문) 인천지방법원부천지원 2016.12.15 2016가단10478
손해배상금
Text

1. Each of the plaintiffs' claims against Defendant C is dismissed.

2. Defendant D shall have the Plaintiff KRW 20,000,000, and Plaintiff B.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the Seocheon-gu, Seocheon-gu, Seocheon-gu E large 123.3 square meters and the building on its ground. Plaintiff B is the owner of the Fluan-gu, Seocheon-si and the building on its ground, and Defendant D is the licensed real estate agent who runs the real estate brokerage business under the trade name of “G Licensed Real Estate Agent Office.”

B. On August 31, 2015, Defendant D entered into a sales contract of KRW 322,000,000 with respect to the Plaintiff and Seocheon-gu E-si, Seocheon-si and its ground buildings, with respect to the purchase price of KRW 322,00,00,000, and on the same day, Defendant D entered into a sales contract of KRW 370,000,000 with respect to the Plaintiff B and Seocheon-gu, Busan-si, and its ground buildings, respectively, and the down payment is KRW 40,000,000, respectively.

C. At the time of each of the above sales contracts (hereinafter “each of the sales contracts of this case”), Defendant D as an intermediary of Defendant C, and H as an intermediary of the Plaintiffs, thereby mediating each of the sales contracts of this case.

Since the purchase price, including the down payment, pursuant to each of the instant sales contracts, was not paid until November 24, 2015, which was the remaining payment date, the Plaintiffs, around March 28, 2016, deemed that the payment of the purchase price was made to Defendant C by April 8, 2016, and that there was no intention to implement the contract if the payment was not performed, and notified that each of the instant sales contracts was rescinded without any separate notice.

E. On April 4, 2016, C made a notification to the Plaintiffs that each of the instant sales contracts was irrelevant to each of the instant sales contracts, since C did not conclude each of the instant sales contracts with the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 (including additional number), the purport of the whole pleadings

2. Judgment on the main claim

A. 1) The Plaintiffs’ assertion 1) Since each of the instant sales contracts was cancelled due to the buyer’s nonperformance of the obligation to pay the purchase price, Defendant C is liable to compensate for damages equivalent to the down payment pursuant to Article 6 of each of the instant sales contracts. 2) Defendant C.

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