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(영문) 대전지방법원 2016.12.02 2015가합102471

손해배상(기)

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1. Defendant D and E jointly share KRW 307,090,072 for the Plaintiffs and their related thereto from May 9, 2015 to December 2, 2016.

Reasons

Basic Facts

Defendant C’s status as a party (hereinafter referred to as “Defendant C’s clan”) is the same as a clan that has set up the J (K) in the south of the Gam H (I), a branch of Fmph, and is one of the owners of L 2,423 square meters per Sejong Special Self-Governing City (hereinafter referred to as “instant land”).

Defendant D and E are real estate agents operating N Licensed Real Estate Agent's Office in Sejong Special Self-Governing City M, and Defendant E is a licensed real estate agent operating P Licensed Real Estate Agent's Office in Sejong Special Self-Governing City.

The Plaintiffs are those who purchased the instant land by the brokerage of Defendant D and E.

이 사건 매매계약의 체결 원고들은 2013. 11. 27. N공인중개사사무소에서 피고 종중의 회장이라고 자칭한 Q〔Q, 이하 ‘Q이라 한다)〕및 R〔R, 이하 ’R‘이라 한다)과 이 사건 토지에 관하여 매매대금을 4억 7,000만 원으로 정하면서, 계약금 1억 원을 계약 당일에, 중도금 2억 7,000만 원을 2013. 12. 4.에, 잔금 1억 원을 2014. 1. 10.에 각 지급하되, 원고들이 2013. 12. 4. 중도금을 대출받아 지급하면 피고 종중이 원고들에게 이 사건 토지의 소유권이전등기를 미리 마칠 수 있도록 하여 준다는 내용으로 매매계약(이하 ’이 사건 매매계약'이라 한다

The Plaintiffs concluded a contract payment and ownership transfer registration. After paying down down payment and intermediate payment to Q, the Plaintiffs received documents necessary for the registration of ownership transfer from R at the N Licensed Real Estate Agent Office, and completed the registration of ownership transfer on December 4, 2013 in the names of the Plaintiffs. Thereafter, on January 10, 2014, the Plaintiffs paid a balance of KRW 100 million to R at the said office. The Defendant’s claim that the Defendant’s clan becomes null and void on January 2, 2014 against the Plaintiffs, asserting that the sales contract of this case was null and void ( Daejeon District Court Decision 2014Kadan7) and filed an application for provisional disposition against the instant land (Seoul District Court Decision 2014Kadan7, January 19, 2014).