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(영문) 인천지방법원 2019.05.28 2018가단25310

소유권이전등기말소등

Text

1. The Defendant jointly with D, as well as KRW 44,100,00,00, and as to the Plaintiff, from October 17, 2018 to May 28, 2019.

Reasons

1. Basic facts

A. D and the defendant are South Korean wholesalers.

D With the lending of a certificate of qualification of licensed real estate agent and a certificate of registration of a brokerage office from the Defendant, a licensed real estate agent, operated the “G Licensed Real Estate Agent Office” on the first floor of the F building located in Jung-gu Incheon Metropolitan City from October 17, 2007 to June 21, 2018 (hereinafter “instant office”).

B. D is the former owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”).

D The Plaintiff, who visited the instant office in early June 2018, recommended the purchase of the instant real estate owned by the Plaintiff and presented a certified copy of the real estate register that was not written in the column for the Gu matters, to the Plaintiff.

C. However, the certified copy of the pertinent real estate register presented to the Plaintiff was arbitrarily modified by D, and the column for section B of the registry concerning the real estate of this case was written as follows.

D H H DI

D. In addition, at the time D shows the certified copy of the register altered to the Plaintiff, a lease contract was concluded with a security deposit of KRW 60 million with respect to the instant real estate.

E. On June 14, 2018, the Plaintiff concluded a contract with D to purchase the instant real estate at KRW 63,00,000,000, with the belief of the changed copy of the register with D’s horses.

F. On June 15, 2018, after concluding the above contract, the Plaintiff paid the purchase price of KRW 63,000,000 to D. On the same day, the registration of ownership transfer was completed in the name of the Plaintiff as the receipt No. 224705 on June 15, 2018 in the Incheon District Court’s registration office.

G. Although the sales contract written between the Plaintiff and D at the time includes a licensed real estate agent C (Defendant) as an intermediary, the Defendant did not actually act as an intermediary in connection with the conclusion of the above sales contract.

H. The defendant is charged with lending qualification certificate to D, and D is lent.