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(영문) 서울중앙지방법원 2018.09.07 2016가합547324

손해배상(기)

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff Co., Ltd.) and the Defendant C jointly share KRW 388,405,985 and this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The execution, etc. of a sales contract is 1) The Communications Distribution Company D (hereinafter “D”).

(2) On November 2, 2015, the Plaintiff operating the E Licensed Real Estate Agent Office (hereinafter “instant land”) as the broker of F, a broker assistant belonging to the E Licensed Real Estate Agent Office, for the purpose of using each real estate listed in the attached Table 1 (hereinafter “instant land”) as the Defendant Company and D’s office, and the building part as the “instant building,” and the “instant real estate” collectively.

(2) The sales price is KRW 2.7 billion, and the Defendant Company’s obligation to pay KRW 1.530 million to the Industrial Bank of Korea; and the down payment is KRW 100 million on the date of the contract; the intermediate payment is KRW 750 million on December 14, 2015; and the remainder of KRW 390 million on March 31, 2016 (hereinafter “instant sales contract”).

Upon entering into the agreement, the following special agreements were entered into:

1. A sales contract under the current facilities, verifying a certificate of registered matters, and entering into a contract;

4. The buyer shall separately pay the value-added tax on the building of this case at the time of paying any balance.

7. The purchaser shall succeed to or refund the loan.

8. The seller shall grant the repair of defects of the building of this case for six months after delivery.

9. Where a seller receives any balance, he/she shall grant a buyer the succession of rights and obligations with respect to the land of this case at the same time.

2) On the building register of the instant building, the purpose of use in the confirmation and explanatory note of the object of brokerage prepared at the time of the conclusion of the instant sales contract was indicated respectively as detached houses, actual purpose is detached houses, offices, and specific use area of the instant land is Class 1 general residential areas, and Class 1 district unit planning zone. 3) When the Plaintiff was unable to take over the said loan obligations, the Plaintiff and the Defendant Company shall have the sales price of KRW 2.7 billion on January 20, 2016, and KRW 300 million on the deposit repayment obligation.