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(영문) 의정부지방법원 2015.02.11 2014가단26842

손해배상(기)

Text

1. Defendant B’s KRW 30,00,00 and the Plaintiff’s annual rate of KRW 5% from October 4, 2013 to July 15, 2014.

Reasons

1. Facts of recognition;

A. On October 4, 2013, the Plaintiff entered into a sales contract with Defendant B, a licensed real estate agent, to purchase KRW 1,157 square meters out of KRW 10,404 square meters of D forest land in Nam-si, Namyang-si, and paid KRW 50,000,000 to the Plaintiff via Defendant C on the same day. As a special stipulation of the above sales contract, the Plaintiff agreed to invalidate the instant sales contract if Defendant B did not obtain any approval or permission, and in this case, the Plaintiff returned the said down payment to the Plaintiff.

B. Defendant B failed to obtain the authorization and permission stipulated in the instant sales contract, and the Plaintiff asserted the invalidity of the instant contract and demanded the return of the down payment on the grounds thereof on January 201, 2014, and Defendant B agreed to pay the down payment to the Plaintiff at KRW 60,000 in the event that the down payment is not returned by February 21, 2014, but only KRW 20,000,000 among them was paid on March 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. According to the above facts, the part of the claim against Defendant B was examined, and according to the above facts, Defendant B is obligated to pay damages for delay at each rate of KRW 30,00,000,00 that the Plaintiff sought from the Plaintiff and KRW 30,000,00, which is the date of delivery of a copy of the complaint in this case from October 4, 2013 to July 15, 2014, which is the date of delivery of a copy of the complaint in this case, to the date of full payment.

3. Part of the claim against the defendant C

A. The summary of the Plaintiff’s assertion is that Defendant C as a licensed real estate agent is jointly owned by five persons, including Defendant B, etc., and provisional registration was made, but one of the co-owners was also the same.