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(영문) 서울중앙지방법원 2014.07.10 2013가합523006
손해배상(기)
Text

1. The Defendants: (a) from May 25, 2013 to December 10, 2013 to each Plaintiff; and (b) from December 10, 2013 to December 10.

Reasons

1. Basic facts

A. On July 24, 2008, Defendant A purchased the Seongbuk-gu Seoul Metropolitan Government D apartment No. 602 (hereinafter “instant apartment”) from Defendant B with the purchase price of KRW 325 million, Defendant A agreed to pay the down payment of KRW 20 million on September 10, 2008; the first intermediate payment of KRW 50 million on September 10, 2008; and the second intermediate payment of KRW 40 million on September 25, 2008; and the remainder of KRW 215 million (if the loan principal is deducted KRW 14 million, the actual payment shall be KRW 110 million); and as a licensed real estate agent, the instant sales contract was mediated by Defendant C as a real estate agent.

B. On November 14, 2008, Defendant A continued to pay a total of KRW 145 million for the implementation of the instant sales contract and delayed payment of KRW 76 million for the remainder, including the remainder. Defendant A and B, in the presence of Defendant C on November 14, 2008, drafted a letter of commitment that “The interest on the loaned principal shall be fully borne by Defendant A from October 15, 2008, and the Defendant B, in the presence of Defendant C, promised to refund KRW 145 million paid by Defendant A by selling the instant apartment to other buyers.”

C. However, on September 14, 2012, Defendant A, Defendant A, and B agreed that the purchase and sale of the instant apartment was not continued due to the real estate economic depression, and that the purchase and sale of the instant apartment shall be partially reduced and acquired by Defendant A, but the remaining amount of KRW 40 million and KRW 5 million (the total amount of KRW 60 million) out of the loan principal and interest repaid by Defendant B after the purchase and sale contract of this case was concluded to be transferred to Defendant B.

Accordingly, Defendant A and B made false documents as if they entered into a charter agreement with respect to the instant apartment in order to complete the payment of the balance and the transfer of ownership in connection with the instant sales contract, and offered them as security to the financial company and received loans.

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