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(영문) 서울고등법원 2017.04.20 2016나2054641

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the number of buyers in attached Form 2 shall be the revoked part.

Reasons

1. Basic facts

A. The Defendants, as a sales company of Yeonsu-gu Incheon Metropolitan City B Apartment (hereinafter “the apartment of this case”), sold the apartment of this case from November 201, 201 through the SP bargaining Co., Ltd. (hereinafter “SP bargaining”), a sales agency of the apartment of this case.

By October 201, the Plaintiffs concluded a sales contract in which the instant apartment was sold from the Defendants (hereinafter referred to as “instant sales contract”) by setting the amount indicated in the “supply Price” column in the attached Table 2 sheet, and concluded the sales contract (hereinafter referred to as “instant sales contract”).

B. Around March 2011, the Defendants promised to sell the apartment of this case at a special supply household discount or to offer discount benefits therefrom to the Plaintiffs of the buyers who already sold the apartment of this case or bought the said special supply household, and subsequently, kept a special agreement stating the contents of the said discount benefits and the duty of confidentiality on the grounds of confidentiality against the existing other buyers (hereinafter “the instant special agreement”).

However, the Defendants granted the same discount benefits to the previous buyers after the sale to the buyers.

C. From January 2013, after the sale of the apartment in the instant case to the buyer, the Defendants implemented the “frigic book” with the following purport: “If the Defendants paid 20% of the total selling price and received a loan under the name of the buyer, and paid 60% of the intermediate payment, interest on the said loan for two years, ownership transfer registration expenses, acquisition tax on behalf of the Defendants shall be paid, deferred for two years, and the remainder payment shall be deferred for two years, and if the buyer withdraws the purchase intention, the sales price already paid shall be refunded in full.” As a result, the sales performance in 2013 (615 households) increased significantly compared to the sales performance in 2012 (26 households).

The Defendants are the way to guide the sale of the apartment of this case.