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(영문) 인천지방법원 2016.11.30 2015가단51196

손해배상

Text

1. Defendant A’s KRW 16,400,00 and the Plaintiff’s annual rate of KRW 5% from August 14, 2015 to November 30, 2016.

Reasons

1. Basic facts

A. On January 30, 2015, under Defendant A’s brokerage, the Plaintiff sold to the seller of Sojin Alcoholic Beverages, the Defendant limited company (hereinafter “Defendant Sojin Alcoholic Beverages Sales”), the shares of 110.5/391 out of the total area of 79-8 square meters and its ground (hereinafter “the instant building”) in Bupyeong-gu, Incheon (hereinafter “the instant building”), the same 79-133 square meters and 391 square meters (hereinafter “the foregoing land and buildings”), KRW 2.69 billion in the purchase price, and the sales of Sojin Alcoholic Beverages succeeded to KRW 39 million in the existing lease deposit obligation, and the remainder of the lease deposit amount is paid at the time of the contract, and the down payment is paid as KRW 40 million in May 29, 2015.

(hereinafter “instant sales contract”). B.

Before that, in the process of negotiations until the conclusion of the instant sales contract, the Plaintiff calculated the total of 5.44 square meters of land (site and road) in the instant real estate as the purchase price of KRW 2.72 million by calculating the total amount of KRW 5.5 million per square, and presented the purchase price of KRW 2.72 million. The sales of the Defendant Jinjin Alcoholic Beverages were to purchase only the site after deducting the road from the road, and presented KRW 5.5 million by calculating the area of the site as KRW 5.5 million per square.

Accordingly, the plaintiff presented 2.7 billion won by asserting that only the site and building can not be sold except the road. The plaintiff again presented 2.6 billion won and 2.65 billion won, but the plaintiff refused to sell and concluded a sales contract.

Since then, Defendant A’s brokerage assistant, presented the purchase price of KRW 2.69 billion to Defendant Uinjin Alcoholic Beverages sales, and the Plaintiff still did not reach an agreement by dismissing the purchase price of KRW 2.7 billion. On the other hand, the Plaintiff concluded a contract for KRW 2.69 billion with the Plaintiff’s consent, and the instant contract was concluded upon the Plaintiff’s consent.

C. The sales of the Plaintiff and the Defendant Jinjin Alcoholic Beverages are stipulated in the sales contract of this case as the special agreement.