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(영문) 의정부지방법원 2016.04.01 2014가합5453

약정금

Text

1. The Defendants shall jointly:

A. As to Plaintiff D’s KRW 23,824,087 and KRW 15,00,000 among them, from January 1, 2016 to January 1, 2016.

Reasons

1. Facts of recognition;

A. Defendant G is the trade name of “J”, Defendant H is the trade name of “K”, and Defendant I was or was engaged in real estate brokerage business in the trade name of “L”.

B. Defendant F was issued 16 copies of the sales contract of the O apartment in Yang-si Co., Ltd. (hereinafter “instant rental apartment”) from one of the co-representative directors of M Co., Ltd. (hereinafter “M”).

Defendant F found Defendant H to “K” operated by Defendant H, asked Defendant H about the transaction of the said sale right, and Defendant H informed Defendant I of the said transaction information.

Defendant I asked Defendant F through Defendant H to deliver the instant rental apartment sales contract to Defendant G, after having various local answers to the instant rental apartment, and asked Defendant G to deliver the instant rental apartment sales contract.

C. On September 2009, Defendant G introduced that “The rental apartment of this case had been sold to tenants upon the expiration of the rental period, and the lessee currently residing in order to sell to the general public the quantity of persons who failed to meet the sale requirements.” The Plaintiffs purchased the sales contract for the non-entry of the same type written in M’s name at KRW 40 million each, respectively.

On September 22, 2009, Plaintiff A, C, and E paid each of the KRW 40.5 million to Defendant G’s national bank account; Plaintiff B paid each of the KRW 43.5 million around November 2009; Plaintiff D paid each of the KRW 40.5 million until October 2010; Defendant G wired each of the KRW 200 million to Defendant F (5 x 40 million).

E. The Plaintiffs did not sell the leased apartment of this case on the grounds that N is detained, etc. After that, they agreed to Defendant G, and thereafter Defendant G received the fixed-type sales contract form (the same item is stated differently from the previous sales contract form) written by N around October 2009 from the contract date and delivered it to the Plaintiffs.

F. On July 21, 201, the registration of transfer of ownership in the name of P was completed with respect to the instant leased apartment.