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(영문) 인천지방법원 2018.04.12 2017가단214106

손해배상(기)

Text

1. The Defendants jointly share KRW 30,000,000 with respect thereto to the Plaintiff and the period from April 14, 2017 to April 12, 2018.

Reasons

1. Facts of recognition;

A. On February 15, 2016, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with C, D, and E (hereinafter “Buyers”) with a total of KRW 180,000,000,000,000 for the sales price of KRW 1,283 square meters prior to the Incheon Jung-gu Incheon Jung-gu and KRW 922 square meters prior to the Jung-gu Incheon Jung-gu G (hereinafter “instant land”). On February 16, 2016, the Plaintiff received KRW 180,000,000 for the intermediate payment of KRW 10,000,000 for the intermediate payment of KRW 10,000 on February 25, 2016.

B. H is affiliated licensed real estate agent employed by Defendant B, a practicing licensed real estate agent. The instant sales contract was concluded through H’s brokerage, and the Plaintiff paid KRW 10,000,000 to H on February 16, 2016.

C. Some of the instant land was used as a road by the Jung-gu Incheon Metropolitan City Office, but the buyer was not notified of this fact at the time of the instant sales contract, and the buyer demanded the cancellation of the instant sales contract on the ground of such circumstance.

On March 29, 2016, the Plaintiff agreed to cancel the instant contract by paying a penalty of KRW 230,000,000,000, plus penalty of KRW 50,000,000 to the down payment and intermediate payment (hereinafter “instant rescission”). Accordingly, the Plaintiff paid KRW 50,000,000 on March 31, 2016, and the remainder KRW 180,000,000, out of KRW 1,283,000,000 on May 1, 2016, the Plaintiff sold KRW 240,000,000 to the buyers of the Jung-gu Incheon Metropolitan City, and paid KRW 1,283,00,000 to the buyers in a way of offsetting a part of the purchase price.

E. On March 29, 2016, H prepared a statement of performance stating that “The instant land shall be sold to a new purchaser at KRW 900,000,000 until April 30, 2016. In the event of violation, H shall pay KRW 50,00,000 to the Plaintiff” (hereinafter referred to as “instant performance statement”), and the cancellation of the instant agreement was made by arbitration between the Plaintiff and the buyer.

(f) the defendant.