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(영문) 부산지방법원 2017.08.17 2016나49143

손해배상(기)등

Text

1.The judgment of the first instance shall be modified as follows:

Defendant B’s KRW 16,712,000 on September 2, 2015 on the Plaintiff and its related thereto.

Reasons

1. Basic facts

A. On April 3, 2014, the Plaintiff, through the brokerage of Defendant B, a licensed real estate agent, was to pay and purchase the purchase price of KRW 18 million (287,800,000,000,00,000,000, from C, a party to the purchase of an apartment building located in Busan Shipping Daegu E and 75 lots (hereinafter “instant apartment building”) (hereinafter “instant apartment building”) located in Busan Shipping Daegu E and 75 lots (hereinafter “instant land”).

However, the regional housing association promotion committee of the case (hereinafter “instant promotion committee”) and the Defendant Don Don tin, Co., Ltd., the service company thereof (hereinafter “Defendant Don Don Don Dondi C”) promoted the instant apartment housing unit sales business. On April 7, 2014, the Plaintiff entered into a membership agreement with the instant promotion committee (hereinafter “instant membership agreement”).

B. On April 5, 2014, and April 7, 2014, the Plaintiff deposited KRW 27.780,000,000,000,000, in total, to the land trust account of the Fund Management Business Entity of the Committee for Promotion of the Act (hereinafter “Korea Land Trust”). On April 7, 2014, the Plaintiff deposited KRW 6,000,000 as the representative G account of the instant Promotion Committee’s representative, and deposited KRW 3 million as the brokerage commission on April 4, 2014, and KRW 18,000,000,000,000,000,000,000,000,000 in total, from May 2, 2014 to the Defendant B. < Amended by Act No. 12573, Apr. 8, 2014>

C. Since then, on April 3, 2015, the housing sales business under the instant subscription contract did not properly proceed due to the port of entry into the land in the business area, etc., Defendant B prepared and delivered a letter (Evidence No. 5, hereinafter “instant letter”) stating that “If the Plaintiff did not obtain authorization or permission on the right to subscribe to the instant apartment, the Plaintiff shall be responsible for KRW 18 million for the premium paid by the Plaintiff,” and returned KRW 4 million to the Plaintiff on June 30, 2015.

On the other hand, this case.