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(영문) 대구지방법원 2018.05.04 2017가단19439
매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 30, 2009, the Plaintiff introduced the introduction of the purchase and sale of real estate to C and one parcel owned by the Defendant. On September 30, 2009, the E Licensed Real Estate Agent C, the seller’s Licensed Real Estate Agent F, and the buyer’s side G licensed real estate agent G et al., the Defendant’s husband and his agent, were the Plaintiff’s husband and the Plaintiff’s agent, and the purchaser was KRW 350 million (=the down payment of KRW 20 million, the remainder of the down payment of KRW 330 million, the remainder payment of KRW 30 million, and the remainder payment of the remainder payment of KRW 20 million (hereinafter “instant sales contract”). On the day, the Plaintiff paid the Defendant the down payment of KRW 20 million to C, and paid KRW 10 million as the brokerage commission.

B. On December 2009, the Defendant: (a) cancelled the instant contract and agreed to pay KRW 30 million to Police Officers with the down payment and penalty; (b) agreed to the Plaintiff; and (c) without notifying the Plaintiff, C asked the Plaintiff to deliver the said money to the Plaintiff on the face of KRW 30 million.

C. On December 21, 2009, the Defendant remitted KRW 30 million to the account of E Licensed Real Estate Agent Office operated by G as the refund of the down payment and the penalty. G received a letter from C that it would immediately deliver the said money to the Plaintiff, and paid KRW 30 million to C.

around that time, the Plaintiff heard the talk about the cancellation of the instant sales contract from G, and returned 30 million won brokerage commission to C, and the Plaintiff returned 30 million won to C.

C around December 24, 2009, paid to the Plaintiff KRW 15 million, and the remainder was that the Plaintiff would be paid KRW 15 million.

E. C around January 2010, around February 25, 2010, issued to the Plaintiff a notarized deed of debt repayment agreement (No. 163, a notary public of Law Firm Daegu General Law Office No. 2010, a notary public of Law Firm 2010) that he/she would repay KRW 25 million to the Plaintiff by February 25, 2010.

F. C: (a) KRW 3 million on February 25, 2010; (b) KRW 1 million on March 5, 2010; (c) KRW 750,000 on July 29, 2010; (d) KRW 350,000 on September 28, 2010; and (e) KRW 70,00 on April 7, 2010.

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