손해배상(기)
1. Defendant D’s KRW 273,337,245 as well as 5% per annum from December 25, 2016 to August 22, 2017.
1. Basic facts
A. A. Around October 2013, Defendant B, who transferred the status of prospective occupants of Defendant B, received a proposal from Defendant D to the effect that Defendant D would purchase the status in the event it is selected as the prospective contractor after he subscribed to the apartment of the Seocho-gu Seoul Metropolitan Government G District by using the subscription savings passbook opened in the name of Defendant B.
From October 20 to October 21, 2013, Defendant B received KRW 82 million in return for the transfer of the status of a prospective occupant from Defendant D or C, and gave Defendant D a deposit passbook, personal seal impression, and a certified copy of resident registration, etc. around October 26, 2013.
When Defendant B was selected as the purchaser of the apartment of the Seocho-gu Seoul H apartment No. 105, 1203 (hereinafter “instant apartment”) around December 24, 2013, Defendant B transferred the status of being selected as the purchaser of the instant apartment to Defendant D and C by allowing Defendant C to conclude the sales contract for the instant apartment with the Seoul Housing and Urban Corporation (Seoul Housing and Urban Corporation before its alteration) on and after December 24, 2013.
B. On May 2014, Defendant D and C’s transfer of the apartment sale right of this case, Defendant D and C decided to transfer the apartment sale right of this case to the Plaintiff as an arrangement by Defendant E and F, and to receive KRW 145 million under the name of “fluort”, and to transfer the apartment sale right of this case.
Defendant D and C delivered documents for securing rights, such as a copy of the instant apartment sales contract, to the Plaintiff on June 10, 2014, and Defendant E and F received KRW 15 million from the Plaintiff as brokerage commission.
C. The Plaintiff paid the payment of the purchase price and the transfer registration of ownership in the name of the Defendant B, with the interest on the intermediate payment loan and the remainder of the purchase price of the instant apartment. On October 24, 2014, the Plaintiff completed the registration of ownership transfer on the instant apartment in the name
In addition, the plaintiff is in the apartment of this case between the defendant B around August 6, 2015, where the period of restriction on the resale of the apartment of this case and the period of obligation to reside therein was limited.