beta
(영문) 수원지방법원 2012.10.23 2011나42987

매매대금반환 등

Text

1. Upon selective claims by the Plaintiff for Defendant E added at the trial, Defendant E shall be KRW 47,200,000,000.

Reasons

1. Basic facts

A. The real estate listed in the attached list (hereinafter “the apartment of this case”) is a newly constructed and leased apartment by Nonparty Korea National Housing Corporation (the Korea Land and Housing Corporation on October 1, 2009, hereinafter “Korea Land and Housing Corporation”) to be sold preferentially to the lessee after the lapse of five years from the date of occupancy.

B. On May 24, 200, Defendant B decided to rent the instant apartment from Nonparty B as KRW 35,879,000 (the annual increase up to five years) and paid KRW 7,175,00 as down payment, and agreed to pay the remainder of KRW 28.704,00 prior to the occupancy date.

C. On July 3, 200, B sold the right to sell the apartment of this case to Defendant E, which will occur in the future, and received 12,675,000 won as the purchase price (i.e., the down payment of KRW 7,175,000 (i.e., KRW 5,500,000), but agreed that the buyer shall bear the remainder of the lease deposit and the remainder of the lease deposit.

Accordingly, Defendant B issued to Defendant E a letter of delegation stating that “a person shall delegate all the authority of approval in the course of the resale of the right of sale,” and a letter of performance stating that “when the transfer of the ownership of the apartment of this case is possible, he shall not make a separate monetary claim regardless of the fluctuation in the market price, and shall execute the procedure for the transfer of ownership and provide all the necessary documents to the purchaser or the person designated by the purchaser”, a letter of acceptance of transfer, a letter of waiver of the right, a certificate of transaction of the purchaser’s blank, and a receipt

(hereinafter referred to as the “instant primary sales contract”) D.

1) On September 8, 2002, Defendant D was a brokerage assistant at the F Licensed Real Estate Agent Office operated by Defendant C, the husband, and the Plaintiff was introduced upon the Plaintiff’s request from the Plaintiff. 2) The Plaintiff was the Defendant E on September 8, 2002.