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(영문) 서울남부지방법원 2017.02.09 2015가단246142

손해배상(기)

Text

1. The Defendants jointly share KRW 79,100,000 to the Plaintiffs, and as to this, from October 27, 2015 to January 19, 2017.

Reasons

1. Facts of recognition;

A. On October 17, 2015, the Plaintiffs, seeking to purchase apartment sales tickets, visited the “H Licensed Real Estate Agent Office” in the Gangseo-gu Seoul Metropolitan Government G Apartment 601, Dong 106, Dong 106, which Defendant C worked for, and transferred KRW 9.5 million to Defendant C as the contract deposit for the occupancy right of the said apartment.

In addition, the amount of KRW 500,000 was additionally remitted to Defendant C.

B. On October 20, 2015, Defendant C suggested that “I apartment 806 dong 1405 dong 1405 (hereinafter “instant apartment”) sold by J as a special unit of the non-solitary-solitary-solitary-softed unit was extended and the number of floors is high and front.”

On October 26, 2015, the Plaintiffs met Defendant E at the H Licensed Real Estate Agent Office working for Defendant C.

Defendant C and E are customary to pay for the purchase price before entering into an apartment contract, and they are to trust and encourage them, and the Plaintiffs demanded the purchase price of KRW 113 million of the unit price of the apartment of this case on October 26, 2015, out of the purchase price of the apartment of this case, the Plaintiffs remitted KRW 50 million, excluding KRW 10 million paid before the Plaintiffs paid to Defendant C, to the account of K designated by Defendant E, and delivered KRW 20 million to Defendant E on October 27, 2015. < Amended by Presidential Decree No. 26879, Oct. 11, 2015; Presidential Decree No. 26879, Oct. 27, 2015>

C. However, on November 14, 2015, the Plaintiffs appeared to have been selected by J from Defendant C as a multi-child special unit, and the Plaintiffs went away during the document review process.

Therefore, although the plaintiffs were to return the sum of KRW 113 billion paid by the plaintiffs to the defendant C and E, the above defendants were to their own, and they did not return KRW 113 billion up to now.

Defendant E uses the name of Defendant F, a licensed real estate agent in violation of the Licensed Real Estate Agent Act, and runs the office of “L Licensed Real Estate Agent” in the Gangseo-gu Seoul Metropolitan Government G Apartment and 601 Dong shopping mall 105.

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