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(영문) 광주지방법원 2017.11.22 2016가단526761

손해배상(기)

Text

1. The Defendants jointly share KRW 17,500,000 to the Plaintiff and Defendant B with respect thereto from August 18, 2015.

Reasons

1. Facts of recognition;

A. On March 23, 2012, Nonparty International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”) concluded a sales management trust agreement with Nonparty L&D City Development Co., Ltd. (hereinafter “N&D City Development”) with respect to the Dtel to be constructed on the land outside Gwangju Seo-gu, Seo-gu and four lots (hereinafter “D”).

B. On March 23, 2012, an international asset trust completed the registration of transfer of ownership on the said land by reason of sale, and an international asset trust completed each registration of transfer of ownership on the same day.

C. On September 26, 2013, Defendant B, a practicing licensed real estate agent, recommended the Plaintiff to purchase D 234 (hereinafter “instant officetel”). On September 30, 2013, the Plaintiff concluded a sales contract with Defendant B as to the instant officetel as the sales price of KRW 40 million (the sales price under the sales contract is KRW 65,271,00,00) with Defendant B’s broker, and paid KRW 360,000 as brokerage commission to Defendant B.

After that, the Plaintiff was returned KRW 5 million from the development of the Geondi City.

The sales contract of this case was prepared by the seller as a b&D urban development, and the purchaser was the Plaintiff, and there was no seal on international asset trust, etc.

E. On August 11, 2015, the ground-based development concluded a trust agreement on sales management of the instant officetel buildings, including the instant officetel, with an international asset trust agreement.

F. On April 29, 2015, the registration of ownership transfer was completed in the name of the instant officetel, and on August 18, 2015, the registration of ownership transfer was completed in the name of the International Asset Trust.

On the other hand, the instant officetel has yet to be unsold in lots, or the Plaintiff has sold in lots with international assets trust.