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(영문) 울산지방법원 2019.05.16 2018나25816
가계약금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On September 2017, the Defendant newly constructed three-story buildings of reinforced concrete structure reinforced concrete roof ( neighboring living facilities) with D as the contractor on the ground of Yangsan-si, Yangsan-si (hereinafter “instant land”).

At the time, the above building was built of a steel structure with the height of the third floor, and the columns, main walls, and roof (building) have been installed.

(hereinafter referred to as “building during the construction of this case” and “the instant real estate” in total, during the construction of the instant land and the building.

On September 19, 2017, the Plaintiff confirmed the instant real estate and asked E as a licensed real estate agent, among those discovered in order to purchase a building located in Yangsan City, which was conducted in order to verify the instant real estate, and thereafter consulted D with E as a broker of F real estate real estate agents on D, and agreed to the sales price of the instant real estate at KRW 850,00,000, and transferred KRW 10,000,000 in the name of the provisional contract deposit to the Defendant’s G bank account on September 19, 2017.

(hereinafter referred to as “instant provisional contract amount”) C.

E On September 23, 2017, the Plaintiff is entitled to “sale of housing at the family, the Yangsan City.”

C. He dices with only 85,000 of the purchase and sale amount of the building No. 149 of the building site.

In the name of the buyer who was the buyer of the registration titleholder B, he/she paid in KRW 10 million on September 19, 2017, and the seller can pay in KRW 10 million as part of the down payment, and the buyer may waive the down payment and terminate the contract.

I would like to proceed with the fixed contract in the future.

The Defendant sent a text message (hereinafter “the instant text message”) with the content that “the instant text message was sent, and the photograph taken on the cell phone screen that sent the said text message was also sent as a text message to the Defendant.

On September 26, 2017, the Plaintiff expressed his intent not to purchase the instant real estate to E.

Accordingly, E cannot, in principle, receive a refund of the instant provisional contract from the Plaintiff.

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