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(영문) 서울중앙지방법원 2015.08.26 2014가단5223721
계약금 반환 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiffs, a licensed real estate agent, agreed to purchase the purchase price of KRW 1,225,00,000 (contract amounting to KRW 1,00,000, the remainder of KRW 1,125,000,000, KRW 1,25,000,000 (hereinafter “instant sales contract”) and the Defendant C paid KRW 40,40,000,000 on March 24, 2014 (hereinafter “instant sales contract”) and KRW 60,000,000 on the following day under the brokerage of Defendant D (Defendant C’s counterpart broker) and E (hereinafter “instant real estate”).

B. On April 24, 2014, the Plaintiffs and Defendant C provided that: (a) partially revised the terms and conditions of the said real estate sales contract under the brokerage of Defendant D and E; (b) the sales price shall be KRW 1,225,00,000,000 as it is; (c) the down payment of KRW 100,000,000 as it is, in lieu of the payment already made; and (d) the intermediate payment of KRW 200,000,000 as of April 29, 2014; and (e) the remainder of KRW 925,00,000 as of June 4, 2014.

C. On April 29, 2014, the Plaintiffs sent to Defendant C a certificate of content stating that “I will terminate the contract,” and that Defendant C would cancel the contract without any separate peremptory notice on May 7, 2014.”

The Plaintiffs did not pay part payments by May 7, 2014.

The Plaintiffs, via Plaintiff’s attorney on May 28, 2014, had an unlawful alteration part in the instant building, and the 1/3 of the instant building may be removed at the time of the construction of the road in the future. The Plaintiffs did not know such fact. The instant sales contract was revoked or rescinded.

“The content certification was sent, which reached Defendant C on the 29th of the same month.

E. The defendant Korean Licensed Real Estate Agent Association shall be within the scope of KRW 100,000,000 for the damage suffered by the parties to a transaction due to the real estate brokerage accident of defendant D and E.

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