beta
(영문) 인천지방법원부천지원 2019.06.28 2018가단8455

양수금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C, the Plaintiff’s husband D, E, and F inherited 1/4 shares of each of the three-story neighborhood living facilities and housing on April 2, 2016, Ansan-si G (road name address: H) in Ansan-si, Ansan-si.

B. On May 24, 2018, the Plaintiff, C, F, and E representing D, sold the said GJ 262.9 square meters and the said buildings in KRW 1,050,000 to J as a broker of the Defendant managing “I” on May 24, 2018, and sell the remainder of KRW 850,000,000 to J.

6. The Defendant agreed to receive the payment of the balance on December 12, 200. The Defendant agreed to pay the remainder to the seller when all the expenses that interfere with the transfer of ownership were settled.

C. On June 18, 2018, the Defendant deposited KRW 125,918,446 out of the purchase price paid and kept by J into the K deposit account in the name of D.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 8, Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. As to the primary claim, the Plaintiff asserts that D shall pay KRW 138,393,750 out of the acquisition amount of KRW 162,50,000, which was kept as D’s total, to the Plaintiff, and that D shall pay KRW 138,393,750 out of the acquisition amount of KRW 162,50,50, which was kept as D’s total, to the Plaintiff on June 15, 2018.

In light of the portion of the evidence No. 7-2, No. 2, and No. 5, the evidence offered by the Plaintiff is insufficient to prove the authenticity, and thus, it cannot be used as evidence, and the evidence requested by the Plaintiff alone was not sufficient to notify the Defendant of the assignment of claims as asserted by the Plaintiff.

The plaintiff's assertion is without merit since it is insufficient to prove that it was delegated to the plaintiff et al. to notify or notify it.

B. As to the conjunctive claim, the Plaintiff receives the amount of KRW 16,50,000 from the purchase price, even though the Defendant was unable to receive a brokerage commission exceeding the amount prescribed by law as a licensed real estate agent.