beta
(영문) 서울중앙지방법원 2019.11.12 2017가단58558

약정금 반환청구의 소

Text

1. Defendant B’s KRW 6,750,000 and the Plaintiff’s annual rate of KRW 5% from October 28, 2017 to November 12, 2019.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) had conducted the business of constructing a 6th underground floor and a 20th ground-based complex building (hereinafter “instant building”) on October 197, 197 and selling a 111 sectional stores (a total area of 1,172 square meters) from among the 1st underground floor (a total area of 1,08 square meters) and 44 sectional stores (a total area of 1,089 square meters) from among the 1st underground floor (a total of 1,08 square meters) and the 2nd underground floor (a total of 1,089 square meters).

(hereinafter referred to as "D holdings" by aggregating the whole of the above divided stores owned by D.

D has made efforts to sell real estate by introducing the applicant for the purchase of the aforementioned D-owned shop and selling the D-owned shop to the broker at the same time as the real estate brokerage fee under the Licensed Real Estate Agent Act, and making the applicant for the purchase to be listed. Since August 2008, the plaintiff began to display the applicant for the purchase of the D-owned shop from around August 2008.

C. On March 16, 2011, the Plaintiff contacted with the G Union (hereinafter “G Union”) for the sale of the portion owned in the instant building. Around March 16, 2011, the Plaintiff made efforts to make contact with the individual co-owners holding a separate store (28) other than D from the first floor of the underground floor until March 201, by preparing and granting a written contract for the sale of the portion owned. However, the Plaintiff did not intend to obtain the consent of sale or lease.

Since then, the Plaintiff received a letter of intent to purchase D's retained portion from H on May 20, 2014, according to the intention of Nonparty H to purchase separate stores owned by D by Nonparty H, with the intention to purchase D's possessed portion at KRW 2.5 billion (excluding value-added tax).

참조조문