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(영문) 수원지방법원 2019.03.28 2018나10040
약정금
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. (1) On July 8, 2016, the Plaintiff moved into a house with a deposit of KRW 160,000,000,000 and the lease period from September 19, 2016 to September 18, 2018.

(2) On July 8, 2017, the Defendant sold the instant building to E and F for a price of one billion won, and agreed to remove one of the households in the instant building from the office until September 26, 2017, which is the remainder payment date.

(3) On July 8, 2017, the Defendant requested the Plaintiff to leave from the above subparagraph (D) by telephone until September 26, 2017, and proposed to offer approximately KRW 300,350,000 to the Plaintiff as a director’s expense, and the Plaintiff made a reply to file a report on her wife and her answer.

(A) On the other hand, at around that time, the defendant requested the person residing in the building G of this case to leave 2 million won (the building G of this case is smaller than the real estate of this case) in terms of the cost of director, but the eviction of the above G heading residents was nonexistent.

(4) The Plaintiff entered into a contract with the Defendant to purchase an apartment building H and I in Ansan-si, without giving prior notice to the Defendant between July 8, 2017 and July 10, 2017.

(5) In order to pay the down payment of the contract, the Plaintiff’s text messages directly given to the Plaintiff’s wife and the Defendant, but the Plaintiff appears to have given and delivered his/her own will through finding his/her own intention; hereinafter “Plaintiff’s husband and wife”), upon notifying the Defendant of the fact of the contract and requesting the Defendant to first pay KRW 16 million out of his/her lease deposit return claim, the Plaintiff’s text messages to the Plaintiff’s wife (hereinafter referred to as “Plaintiff’s husband and wife”) shall be reduced to KRW 2 million, which the Defendant proposed as the director’s expense.

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