beta
(영문) 서울북부지방법원 2016.09.01 2015가합1127

손해배상

Text

1. Defendant C’s each of the Plaintiffs’ KRW 120,00,000 and 5% per annum from February 15, 2011 to September 1, 2016.

Reasons

1. Basic facts

A. On February 11, 201, Plaintiff A purchased from Defendant C each of the following (hereinafter “instant sales contract”). Plaintiff B purchased Gagra 102 (80.66m2) located in Seongbuk-gu Seoul Metropolitan Government F, which is included in the E District Reconstruction Association’s business area, and Plaintiff B purchased Dogra 104 (76.54m2, all of the aggregate buildings, but the right to a site was not registered; hereinafter “each of the instant real estate” as well as the aforementioned 102 and 104m2; hereinafter “instant sales contract”). At the time of the sales contract, Plaintiff A’s husband and Plaintiff B’s father were represented by Defendant C, and Defendant D represented Defendant C.

(However, the sales contract includes that the plaintiffs and defendant C have entered into a direct contract, and there is no indication of both parties' representatives. The main contents of the sales contract are as follows.

(1) It is a contract for only building.

(2) The sales value is KRW 130,000 per each household.

However, the real estate sales contract entered the amount of KRW 70,000,000, which is the reported price.

(3) 13,642,200 won shall be paid at the time of cancellation of provisional seizure.

(4) The above 102 subparagraph I exists, and the lease deposit amount is KRW 60,00,000.

B. He asserts that the Defendant D was paid KRW 140,00,000,000, out of the total purchase price of KRW 260,000,000 and KRW 60,000,000, which was the amount of the provisional attachment of KRW 10,000,000, which was the amount of KRW 10,000,000, which was the amount of the lease deposit of KRW 102,000,000, which was the total purchase price of each of the real estate of this case, and KRW 220,000,000, which was the amount of the provisional attachment of KRW 20,000,00, which was the amount of KRW 10,000,00, which was the amount of the lease deposit of KRW 102,000, which was the amount of KRW 102,000,

(The Defendant did not specifically respond to this Court’s order to prepare the statements of purchase price and payment. The Defendant paid B to Defendant D the following: (i) the cash amounting to KRW 10 million on February 11, 201; and (ii) the cashier’s check issued by new bank is KRW 10 million on the cashier’s check issued by new bank.