손해배상(기)
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 24,00,000 as well as the full payment with respect thereto from July 6, 2018.
1. Basic facts
A. On December 28, 2015, the Seoul High Court case involving the division of inherited property between the Defendant, E, and F, the deceased’s spouse D and children, who are co-inheritors of the deceased C (hereinafter “the deceased”), was established on December 28, 2015 (hereinafter “voluntary conciliation”). The conciliation provisions related to the instant case are as follows.
① The portion of 43 square meters in the ship (i) connected in sequence with each point of 1,2,38,37, and 1 of the annexed drawing(s) in Namyang-si, Namyang-si (hereinafter “the portion in the ship(s) of this case”) shall be owned by F, and the portion of 423 square meters in the ship (hereinafter “the portion in the ship(s)”) connected in sequence with each point of 37,38,34,54,53, 11, 12, 13, and 37 of the annexed drawing(s) shall be owned by E, and the portion in the attached drawing(s) of 423 square meters in the ship(s) [hereinafter “the portion in the ship(s)”) connected with each point of 53,54,56,6,7,8,9,10, and 53 shall be divided into joint ownership(s) (c) parts(s) [189 square meters in the ship(s)] owned by the Defendant.
② The above G ground brick structure sloping roof is divided into 112.98 square meters and the underground room 112.98 square meters (hereinafter “instant building”) into E.
③ The Defendant’s obligation to return the lease deposit to the lessee of the instant building shall be succeeded to by the Defendant, and E shall remove the instant building at its own expense, where it is confirmed that the Defendant had the right to receive the monthly rent of the instant building for one year from the date the instant conciliation was completed (on December 28, 2015), and where the real estate owned by E is not sold within one year from the date the instant conciliation was completed (any tax and public charges pertaining to the instant building for one year shall be borne by the Defendant).
B. On April 19, 2017, between D and the Defendant, the Plaintiff entered into a sales contract consisting of KRW 556,820,000 for the said G site (hereinafter “instant sales contract”) as a broker of H and I licensed real estate agents. The main content of the instant sales contract is as follows.
However, an ombudsman's list.