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(영문) 서울고등법원 2015.10.15 2015나2030334

손해배상(기)

Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal between the Plaintiff, Defendant C, and G are individual.

Reasons

1. Basic facts

A. B, around May 19, 2006, leased the leased housing No. 179,711,000 won, which is a rental housing under the Rental Housing Act, sold by Jinwon-si Co., Ltd. (hereinafter “Yinwon-si”), Jinwon-si E 603, 1801 (hereinafter “the apartment of this case”) under the Rental Housing Act.

B. On June 29, 2011, the Plaintiff entered into a lease contract with Defendant G, a real estate brokerage assistant affiliated to the real estate brokerage office operated by Defendant C, a licensed real estate agent, to acquire the right to lease of the instant apartment (hereinafter “the right to lease of this case”) from B as KRW 269,71,00 (hereinafter “the right to lease of this case”). However, the said contract was drafted on August 13, 201.

The main contents are as follows in the sale of the apartment of this case under Article 1 of the apartment sales contract, and the plaintiff will pay the purchase price as follows.

The purchase price of KRW 269,711,000 is the obligation to return the sub-lease deposit from KRW 80,000 to F, which was paid and received at the time of the contract and received from KRW 80,000,000,000.

85,711,00 won remaining after the Plaintiff succeeded to the loan of 69 million won (the outstanding maximum of 82,800,000 won) 85,711,000 won shall be paid on August 13, 201.

Article 2 The delivery date of the instant apartment shall be August 13, 201.

Article 3 Section B shall, where any rights to restrict the exercise of ownership, or taxes, public charges, or other charges are unpaid, remove any defects and burdens, etc. of such rights and transfer full ownership by no later than the date of the balance.

except as otherwise agreed.

[Matters of Special Agreement]

1. B and the Plaintiff are in a state contract that both parties become aware of public lease.

2. A contract under which the buyer succeeds to a loan of 69 million won in a new bank (the maximum amount of the loan of 82,800,000 won); and

3. A sales box with the knowledge of the Plaintiff of KRW 80 million on a deposit basis.

4. The purchase amount shall be.

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