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(영문) 전주지방법원 2015.04.22 2014가단17710

손해배상(기)

Text

1. The Defendant’s KRW 18,00,000 for the Plaintiff and the following: 5% per annum from May 29, 2014 to April 22, 2015.

Reasons

1. Basic facts

A. On February 20, 2014, the Plaintiff delegated the Defendant, who is a real estate agent, to purchase six of the above ground steering buildings, which were used as the purchase price of KRW 193,424,760, and for the purchase price of KRW 193,424,760, and livestock pens, from Danju-gun E-gun, Jeonju-gun, Jeonju-gun, 3719 square meters, F river 426 square meters, G river 18 square meters, and livestock pens (hereinafter referred to as the “first sale contract of this case”). On the same day, the Plaintiff concluded a sale contract to purchase six of the above ground steering buildings from Da, H, and I to purchase the above ground trading buildings with KRW 16,575,240 (hereinafter referred to as “second sale contract of this case”; and the subject matter of the first and second sale contract of this case, “each of the instant buildings” and “each of the instant land” (hereinafter referred to as “the instant land”).

The sum of the sales proceeds of the instant 1 and 2 sales contracts is KRW 310,000,000, and the Plaintiff directly paid KRW 20,000,000 to the said D as the down payment concerning the instant 1 sales contract on the date of the said contract, and KRW 10,000,000 as the down payment concerning the instant 2 sales contract.

All owners on the register of each land which is the object of the 1st sales contract of this case are M. However, the 1st sales contract of this case stipulated that "D among the successors of this case is designated as the inheritor, and D is responsible for all ownership transfer relations." The owners on the register of the land which is the object of the 2nd sales contract of this case were owned by M. The 2nd sales contract of this case was owned by N, D, H (each co-owned share 6/26),O, I (each co-owned share 4/26), and D, I only in the seller's column, and N, N, N, andO are represented by M as the inheritor.

B. The Plaintiff operating solar power generation facility installation business intends to purchase land to install solar power generation facilities to the Defendant, who operates the business under the trade name of L Licensed Real Estate Agent C through the business auxiliary to K’s real estate brokerage.