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(영문) 서울고등법원 2015.08.21 2015나2006294

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

Basic Facts

G applied for a special supply of three children with respect to the I apartment at Suwon-si on June 3, 2009, and won as the buyer of the above apartment at 6406 Dong 2702 (hereinafter “instant apartment”). The status of the buyer was prohibited by the Housing Act and subordinate statutes at the time.

On June 22, 2009, Defendant E and F requested from G to mediate the resale of the apartment of this case’s apartment complex, as the broker to Defendant B and C, and Defendant B and C mediated the sale of the apartment of this case’s apartment complex to the Plaintiff.

Through the above brokerage act of the defendants, the plaintiff acquired the status of the purchaser of G in relation to the apartment of this case from G on June 24, 2009, and the plaintiff paid the premium of KRW 40 million to G in return, and the sales contract and the balance shall be borne by the plaintiff (hereinafter referred to as the "transfer contract of this case").

In the process of concluding the instant transfer contract, the Plaintiff remitted KRW 1.7 million to G’s account on June 22, 2009. From the date of concluding the said transfer contract to June 30, 2009, the Plaintiff paid KRW 105,259,000 in total, including KRW 62,259,000 in sales contract and KRW 40 million in premium and KRW 3 million in brokerage commission.

G paid 62,259,000 won to Korea Land Trust Co., Ltd., and concluded a sales contract. The sales price in the above sales contract is a total of 622,590,000 won, and the intermediate payment amount is KRW 304,720,00,00, and the interest rate was agreed to be borne by the time and the number of buyers.

On September 16, 2011, the right to sell the apartment of this case can be legally resold due to the relaxation of the government's restriction on resale, but the provisional seizure of the claim amounting to KRW 8 million against the right to sell the apartment of this case was executed by another creditor around June 201 by G, and the transfer of the purchaser's name was difficult. As such, the Plaintiff was the cost of cancellation of the provisional seizure to G through Defendant B on February 20, 2012.

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