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(영문) 서울중앙지방법원 2017.12.14 2016가단81230
계약금 등 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation aimed at providing consultation on the sale of real estate by proxy, and Defendant B is a managing director of “D” and was engaged in the trade brokerage business of real estate allocated to members of E district E, performed by the Defendant Co., Ltd.

B. Around March 2009, the Plaintiff recommended the employees of the Defendant Company to purchase the real estate of Yongsan-gu Seoul Special Metropolitan City Franchi Complex 322, 65.64 square meters (hereinafter “the instant real estate”). On March 31, 2009, the Plaintiff transferred KRW 10,000,000 to the Defendant Company under the pretext of the application.

C. On April 2, 2009, the Plaintiff drafted a real estate sales contract with the content that the instant real estate was purchased in total amount of KRW 473,675,750.

(hereinafter referred to as “the instant sales contract.” According to the instant sales contract, the Defendant Company is represented by the seller’s agent G, and KRW 23,683,788 of the sales price, KRW 23,683,78 of the first down payment, the second down payment of KRW 23,683,788, May 3, 2009; KRW 94,735,150 of the first intermediate payment of KRW 94,735,150 of the second intermediate payment of July 3, 2009; KRW 94,735,150 of the remainder payment of KRW 236,837,875 of the remainder of the sales price, was paid on the date of the issuance of the cooperative agreement; and the deposit account of the sales price of the Defendant Company was deemed to be the account of the Defendant Company.

The Plaintiff, along with the conclusion of the instant sales contract, paid KRW 71,051,363 in the name of money used for operating operating expenses and marketing consulting advertising personnel in concluding the instant sales contract to the Defendant Company.

(hereinafter referred to as “the instant business promotion expenses”) D.

On April 2, 2009, the Plaintiff remitted to the Defendant Company the total amount of KRW 84,735,150,000 calculated by subtracting KRW 10,000 from the first down payment under the instant sales contract and the money pursuant to the instant agreement for business promotion expenses.

E. On April 3, 2009, the Plaintiff drafted a sales contract for the instant real estate again, and the sales price is paid.

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