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(영문) 수원지방법원 2019.02.14 2016가단42493

손해배상(기)

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1.(a)

Defendant B’s KRW 92,525,000 and its amount are 5% per annum from September 8, 2015 to September 18, 2017.

Reasons

Facts of recognition

Defendant B transferred the right to purchase a parcel by using its own subscription passbook and the above subscription passbook, and received KRW 4 million in cash from “G” in return.

“G” transferred the above right to Defendant C at KRW 18 million, and Defendant C sold the H apartment by means of Defendant B’s passbook.

(hereinafter referred to as the “instant sales right”). Defendant E, a licensed real estate agent, was requested by I to mediate purchase of sales rights, and Defendant D knew Defendant C and E, thereby introducing two persons who wish to mediate sales rights.

Defendant C sold the instant sales right to Defendant C through Defendant E, but I requested the rescission of the agreement and refund of the sales contract.

After that, the Plaintiff purchased the instant sales right through Defendant F, and paid KRW 5 million on September 8, 2015 to I’s account, and paid part of I’s sales amount, and granted KRW 85,950,000 to Defendant F on September 9, 2015.

Defendant F, among the money received from the Plaintiff, provided the remainder to Defendant E with a recommendation fee of KRW 2 million, and Defendant E received it and paid the remainder to Defendant C, and the remainder was paid to Defendant C. Defendant C paid KRW 26 million among them.

On September 9, 2015, Defendant B prepared and provided various documents securing rights, such as power of attorney and a letter of apartment sales, to the Plaintiff. On March 2016, Defendant B paid KRW 1 million to J Co., Ltd., and the intermediate payment application fee of KRW 575,000 to the passbook in the name of Defendant B, respectively.

In order to secure the performance of Defendant B’s obligations, the Plaintiff and Defendant F delegated as the agent of Defendant B prepared and delivered a promissory note with a face value of KRW 140 million, the issuer, the issuer, and the Plaintiff.

On September 7, 2016, after the expiration of the period of prohibition of resale, Defendant B’s right to sell this case to K after Plaintiff D's death.