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(영문) 서울서부지방법원 2018.11.01 2017가단240000
해약금 등
Text

1. The Defendant’s KRW 100,000,000 to the Plaintiffs and 5% per annum from April 6, 2018 to November 1, 2018, respectively.

Reasons

1. Facts of recognition;

A. The Defendant, a U.S. citizen residing in the U.S., is the owner of Yongsan-gu Seoul Metropolitan Government apartment E (hereinafter “the apartment of this case”). The Plaintiffs, the married couple, purchased the apartment of this case in KRW 1.6 billion from the Defendant through the brokerage of Licensed Real Estate Agent F, and purchased the obligation to return the deposit amount of KRW 1.6 billion from the existing lessee, and actually paid the deposit amount of KRW 600 million, and remitted the deposit amount of KRW 50 million to the Defendant’s new bank account known by the Defendant.

(B) The real estate agent concluded the above sales contract with the Defendant residing in the U.S. through the brokerage of the F and paid the down payment of KRW 50,000,000,000,000. Accordingly, upon the Defendant’s request, a licensed real estate agent prepared a sales contract with the seller’s agent designated by the Defendant, G, and the buyer as the Plaintiffs, and sent the buyer’s signature to the Defendant by H message, and accordingly, the agent signed and sealed the contract.

Before entering into a contract, H message or telephone call content between the Defendant and the U.S. residing in the U.S. and the real estate agent or the Defendant, until a sales contract is concluded orally through the brokerage of a licensed real estate agent, the content of H message or telephone call between the real estate agent and the Defendant is as listed below.

[H’s message and call details] Method of proving temporary progress: 5/18 A.M. 9:27 A. 2017 (“Korea Time Standard”; hereinafter the same) contact the Defendant with the Defendant on the following: (a) whether the licensed real estate agent did not connect but did not connect the Defendant; (b) around 10:40, the Defendant sent I am to the licensed real estate agent and sent 7/48 seconds.

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