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(영문) 서울남부지방법원 2019.09.05 2019나17
보증금 반환
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Matters under a special contract for basic facts;

2. The remainder shall be the balance settlement interval after setting aside the house on a deposit basis; and

(A) is determined with the consent of the seller. The deposit amount of KRW 145 million shall be KRW 100,000,000, and the deposit contract shall be entered into with the present seller.

D. Deposit of down payment to the seller G new bank

A. On January 31, 2017, C entered into a sales contract with the Defendant, a licensed real estate agent who was delegated a sales contract by D to enter into the sales contract, to pay KRW 17,000,000 for the purchase price as to the building subparagraph (hereinafter “instant building”) located in Gangseo-gu Seoul Metropolitan Government E (hereinafter “instant building”), and KRW 17,000,000 for the down payment on the date of the contract, the remainder of KRW 150,000 for the contract, and paid KRW 17,00,000 for the said down payment to D on the same day (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

B. On May 4, 2017, H, a husband of C and the Plaintiff’s representative, of the instant sales contract, newly prepared a sales contract that changes the buyer of the instant sales contract from C to the Plaintiff from May 4, 2017 to the Plaintiff, and the seller entered into a lease contract to treat any balance as a deposit for the lease deposit received by the seller, and the Defendant guarantees the payment of the down payment (hereinafter “instant payment guarantee”), and signed and sealed by the Defendant.

(The guarantee of this case is in the form of preparing to the buyer I Limited Liability Company).

The Plaintiff against the Defendant and D, as Seoul Southern District Court 2017Kadan13469, supra, on the grounds of the cancellation of the instant sales contract, and D pays to the Plaintiff KRW 34 million, the amount equivalent to the two times the down payment of the instant sales contract, and the damages for delay thereof. In the event that the aforementioned primary claim is not accepted, the Plaintiff’s preliminary revocation of the instant sales contract on the grounds of mistake, and ② Accordingly, D arising therefrom.

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