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(영문) 부산지방법원동부지원 2020.12.17 2020가합101910
계약부존재확인의 소
Text

1. That a sales contract was not concluded between the Plaintiffs and the Defendant regarding the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 31, 2013, the Plaintiffs, as married couple, completed the registration of ownership transfer as to each of 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant apartment”).

B. On October 2019, the Plaintiffs requested E, a licensed real estate agent operating the D Licensed Real Estate Agent Office, to intermediate the sale of the instant apartment, and accordingly, the Plaintiffs continued negotiations to enter into a sales contract with E, a person who wishes to purchase the instant apartment (hereinafter “the previous purchase applicant”).

C. The plaintiffs want to determine the purchase price of the apartment of this case as KRW 950,00,00, and the previous purchaser of this case wanted to determine the purchase price as KRW 930,000,000, and the previous purchaser of this case sought to determine the purchase price as KRW 940,000, which decided that E would have to adjust the purchase price as KRW 940,000,000 to the plaintiffs. However, although the previous purchaser proposed to determine the purchase price as KRW 940,000,00 to the previous purchaser, the previous purchaser of this case waived the purchase price on the grounds that it is difficult to lend the purchase price.

Around November 5, 2019, the Defendant expressed his intention to purchase the instant apartment to G licensed real estate agents operating the F Licensed Real Estate Agent Office, and E, who received the Defendant’s intention to purchase through G, did not notify the Plaintiffs to the Plaintiffs, who wished to purchase and sell the instant apartment to the Defendant in the previous applicant for purchase, and was based on the contents of negotiations with the Plaintiffs and the Defendant.

E. On November 6, 2019, G sent a text message to the Defendant stating that “The instant apartment, the sales amount of KRW 940,00,000, the remainder amount of KRW 2000,000, and the deposit deposit for lease on a deposit basis (the maturity of August 2020), part of the down payment on November 6, 2019, and the Plaintiff’s account if consent is given, shall be sent to the Plaintiff’s account in the Plaintiff’s name.” On the same day, G sent a text message to the Defendant.

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