beta
(영문) 대전지방법원 2017.10.18 2017가합100424

손해배상 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 28, 2014, with respect to the building of the 1st and 6th above ground in Seo-gu Daejeon Metropolitan City (hereinafter “instant building”), the registration of ownership transfer was completed for each of the 1/4 shares in D and E, F, and G in the future.

B. As to the instant building, each sales contract in the following [Attachment 1] was prepared:

(hereinafter referred to as “prior contract” under the No. 1; the term “instant contract” under the No. 2; and the term “the instant contract” under the No. 2; the sales amount stated in the instant contract under the No. 2 is KRW 1.5 billion; or the actual sales amount is 1.58 billion; and there is no dispute between the parties as to the fact that the actual sales amount is 1.5

(a) Date of preparation;

(b) A seller;

(c) Buyer;

(d) Purchase amount;

(e) The balance payment date;

F. Certificate 1 (Advanced Contract) No. 2 (No. 1.5 billion won on September 1, 2016, 2016, KRW D B B 1.23 billion on March 9, 2016, KRW 1.20 million on August 22, 2016, KRW 1.5 billion on August 6, 2016, KRW 1.5 billion on D agency B 1.5 billion on January 6, 2017

C. At the time when the Plaintiff and the Defendant drafted the instant contract, H, I, and J were present.

H is a licensed real estate agent who acts as an intermediary for the Plaintiff in the instant contract, and I and J are licensed real estate agents and their employees who act as an intermediary for the Defendant in the instant contract and the instant contract.

The defendant completed the registration of ownership transfer of the building of this case on September 1, 2016 according to the preceding contract.

E. Although the seller’s column of the instant contract is indicated as “D agency B”, D did not have concluded the instant contract with the Plaintiff, nor did it confer the power of representation on the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 9, Eul evidence No. 1 (including provisional numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. On March 9, 2016, the Plaintiff asserted 1: (a) purchased the instant building from D with KRW 1.23 billion; and (b) sold the said building at KRW 1.58 billion to the Plaintiff on August 22, 2016, which was five months later.

The defendant shall be free to enter into the contract of this case 350 million won.