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(영문) 서울남부지방법원 2019.03.26 2018가단250586
가계약금 반환청구
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 10,000,000 won to the Plaintiff (Counterclaim Defendant) and its full payment from March 28, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 21, 2018, the Plaintiff: (a) under the brokerage of D’s representative D of C Real Estate, which is a brokerage store, the Plaintiff decided to purchase for KRW 483,50,000 that the Defendant offered the Gangseo-gu Seoul Metropolitan Government E Apartment F (hereinafter “instant apartment”)’s ownership in the desired sale price of KRW 485,00,000; (b) confirmed that the purchase price is KRW 483,50,000; and (c) requested the Plaintiff and the Defendant to deposit KRW 10,000 as part of the down payment with the Defendant within one week on condition that the purchase price is KRW 483,50,000,000.

B. On January 27, 2018, the Plaintiff remitted KRW 10,000 to the Defendant on that day, and after confirmation by the Defendant, the Plaintiff, the Defendant, and D concluded a sales contract for the instant apartment on or around January 27, 2018.

C. As the Defendant confirmed the balance date by sending D’s text message to D, D sent the Plaintiff a text message that it would be customary to view that it would be less than three months in preparing the written contract to the Defendant.

On January 24, 2018, the Plaintiff confirmed the fact that the instant apartment and G heading came out of 460,000,000 won, and sent letters to D, and demanded the Defendant to notify the withdrawal of the contract and to cooperate with the Defendant so that the contract deposit already paid may be received to the maximum extent possible.

E. The Defendant notified D of the Plaintiff’s intent to cancel the contract, notified D that the Plaintiff would withdraw the contract only if it should deposit the down payment of KRW 48,350,000.

F. In the instant apartment, a lessee’s lease contract was concluded with H, Jeonsese deposit amounting to KRW 330,00,000, and period of lease from September 19, 2016 to September 18, 2018.

[Grounds for recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 3, and 5, the purport of the whole pleadings

2. Determination

A. In order to establish the contract for the establishment of the sales contract for the instant apartment, it is required that the parties agree with each other.

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