손해배상(기)
1. The judgment of the first instance court, including the claims extended before the remand, shall be modified as follows:
1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 5 through 9, 14 through 19 (if there are serial numbers, including their serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 3 and 4, Eul evidence Nos. 1, 1 and 2, Eul evidence Nos. 1, 1 and 2, testimony of witnesses of the first instance court, testimony of H of the first instance court, and the whole purport of pleadings as a result of the first instance examination.
[1] Defendant B requested Defendant C, a licensed real estate agent, to sell the land and buildings listed in the separate sheet jointly owned by oneself and G (hereinafter “instant land”)
On the other hand, the Plaintiff requested Defendant D, a licensed real estate agent, to purchase the notified unit building, and Defendant C introduced the instant building to Defendant D around April 201.
On May 8, 2011, Defendant C and Defendant D entered into a contract under which Defendant B and G sell the instant land and buildings to the Plaintiff for KRW 4.225 billion (hereinafter “instant sales contract”).
In the instant sales contract, the Plaintiff paid KRW 100 million on the date of the contract, the intermediate payment of KRW 200 million on May 30, 201, and the remainder of KRW 3.925 billion on June 10, 2011, respectively; however, the Plaintiff succeeded to the collateral security debt of KRW 1.7 billion that Defendant B and G bears against the national bank, and paid the remainder after deducting KRW 2.14365 million from the obligation to return the deposit to the lessee of the instant building.
At the same time as the instant sales contract was concluded, Defendant B and G entered into an overall transfer/acquisition contract of business transfer/acquisition that comprehensively transfers rental business in the instant building to the Plaintiff.
G, the co-owner of the instant land and building, was residing in the United States and Defendant B performed all duties on behalf of G.
On June 10, 2011, the Plaintiff paid all the purchase price under the instant sales contract, and completed the registration of ownership transfer in the name of the Plaintiff on the same day.
[2]