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(영문) 창원지방법원밀양지원 2016.06.01 2015가단10655
해약금 청구의 소
Text

1. The defendant shall receive KRW 260,000,000 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant purchased, around October 10, 2007, the real estate indicated in the separate sheet (hereinafter “instant real estate”) from F as the broker of the D Licensed Real Estate Agent Office, the broker assistant in the D Licensed Real Estate Agent Office in Seoyang-si, and completed the registration of ownership transfer on the 24th of the same month following the purchase.

Real estate sales contract

1. Real estate indicated in this case;

2.With respect to the sale and purchase of the above real estate, the seller and the buyer shall pay each purchase price by agreement as follows:

The purchase price of KRW 280,00,000 down payment of KRW 20,000 shall be paid and received at the time of the contract. The receiver’s remainder E 260,000,000 shall be paid on March 10, 2015.

Article 5 (Cancellation of Contract) Until the buyer pays the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may rescind the contract by giving up the down payment.

Matters of special agreement

1. The seller shall pay any balance after returning to Korea;

1. An installment contract shall be concluded after making a deposit in the passbook;

1. The same object is as the object on the day;

Rab G seller B, E buyer A and one other

B. On January 4, 2015, the Plaintiff entered into a sales contract for the instant real estate (hereinafter “instant sales contract”) with E, who is named as the Defendant’s agent, and the main contents are as follows.

C. On January 5, 2015, the Plaintiff transferred the down payment of KRW 20,00,000 to the UFFC under the name of the Defendant (G).

【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 2, 3, and 5 (including branch numbers; hereinafter the same shall apply), Eul's evidence No. 2, witness H's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. Inasmuch as the instant sales contract was concluded in force with E, the Defendant, who is the Defendant’s agent of the Plaintiff, was paid KRW 260,000,000 from the Plaintiff, and at the same time, was made for the Plaintiff on January 4, 2015.

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