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(영문) 수원지방법원안양지원 2011.11.16 2010가단31097

매매대금반환 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the attached list (hereinafter the apartment of this case) is a newly constructed and leased apartment by the non-party Korea National Housing Corporation (the Korea Land and Housing Corporation shall succeed to all the rights and obligations of the Korea Land and Housing Corporation on October 1, 2009; hereinafter the same shall apply) and is a publicly constructed apartment to be preferentially sold to the lessee at the lapse of five years from the

B. On May 24, 200, Defendant B decided that the annual rental deposit for the first year was KRW 35,879,000 (the annual increase up to five years) while leasing the instant apartment from the Nonparty Corporation, and agreed that KRW 7,175,00 shall be paid at the time of the contract and the remainder KRW 28,704,00 shall be paid prior to the occupancy date.

C. After that, on July 3, 200, Defendant B sold the right to sell the instant apartment to Defendant E, which will occur in the future, and received 12,675,000 won (the down payment of KRW 7,175,000 (the down payment of KRW 5,50,000) with the purchase price, but agreed that the remainder of the rental deposit and the rental deposit to be increased each year shall be borne by the purchaser.

In addition, Defendant B issued, at Defendant E’s request, two copies of a letter of delegation stating that “a person shall delegate all the authority of approval for the resale of the right of sale to Defendant E” and a letter of performance stating that “when the transfer of ownership of the apartment of this case is possible, he shall not make a separate monetary claim regardless of the fluctuation of market price, and shall perform the procedure of registration of transfer of ownership to the purchaser or to the person designated by the purchaser, and shall provide all the necessary documents,” such as a letter of performance, a letter of transfer, a letter of waiver of right, a letter of waiver of right, and a letter of confirmation of transaction of the purchaser

E. On September 2002, Defendant D, the husband of Defendant C, was a brokerage assistant at the F Licensed Real Estate Agent Office operated by Defendant C, the husband, and introduced the instant apartment at the Plaintiff’s request to purchase rental housing.

F. G: September 8, 2002