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(영문) 서울중앙지방법원 2020.09.16 2019가단5075545
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 144,00,000 and KRW 82,00,000 among them, from March 28, 2019, and KRW 62,00,000.

Reasons

1. Basic facts

A. On April 28, 2018, through a licensed real estate agent C, the Plaintiff entered into a sales contract for Seongbuk-gu Seoul Metropolitan Government D apartment E (hereinafter “instant real estate”) with the Defendant (hereinafter “instant contract”). The main contents are as follows.

- The seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the same time as the balance of the purchase price is received, and shall cooperate in the registration procedure, and the date of delivery of the said real estate will be February 12, 2019.

Of the down payment, KRW 10 million shall be deposited into the Defendant account of the new bank on the date of the contract, and the remaining KRW 52 million shall be deposited into the same account until May 30, 2018.

The damages due to nonperformance shall be determined as contract amount.

The provisional attachment of 20 million won by the creditor F shall be cancelled by the balance date.

consent to and cooperation with the buyer's lease agreement.

(The down payment at the time of the lease contract shall be deposited into the Defendant’s account of the new bank, which shall be immediately converted into part of the balance, and settled after deducting the balance from the balance. The buyer shall change the buyer at the time of request of the buyer’s change due to the buyer’s circumstances. The buyer shall enter into the contract with the delegation from G Real Estate (Representative C) on behalf of the buyer

B. The Defendant received KRW 10 million on the day of the contract from H account as Defendant’s mother’s account to Defendant’s account, and KRW 62 million on May 30, 2018 as down payment.

C. On September 28, 2018, the Plaintiff entered into a lease agreement with I on the instant real estate as the purchaser of the instant real estate, and had I deposit KRW 20 million out of the lease amount into the Defendant’s account at a new bank on the day of the contract.

Around October 11, 2018, the Defendant expressed to C the intent to withdraw the instant contract on the ground that the instant contract was concluded by the act of unauthorized representation of C.

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