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(영문) 서울북부지방법원 2016.05.24 2015가단6866
보험금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent who operates a real estate brokerage office called “C Licensed Real Estate Agent Office,” and Defendant Korea Licensed Real Estate Agent Association is a mutual aid business entity which entered into a mutual aid agreement with Defendant B.

B. On January 15, 2013, the Plaintiff entered into a sales contract with D’s agent for multi-household housing in Seoul Special Metropolitan City, Nowon-gu (a multi-household housing in which D has completed registration of preservation of ownership with respect to each section of exclusive ownership; hereinafter the same shall apply) 402, which is owned by Defendant B as a broker, with KRW 28 million (the contract amounting to KRW 20 million and the intermediate payment to KRW 50 million shall be paid until February 5, 2013) (hereinafter “instant sales contract”) and stipulated the following special agreement as follows.

- the special agreement – (1) A 10 million won per day out of the down payment under this contract shall be paid, and the balance of the down payment shall be paid up to January 25, 2013.

(2) Three collateral mortgages created in the certified copy of the register as of the contract date shall be cancelled in full in the presence of the real estate office on the balance date.

(3) Any balance date may be advanced under mutual agreement.

(4) Other matters not provided for in this contract shall conform to the general practices of real estate transactions.

C. On the date of the conclusion of the above sales contract, the Plaintiff paid KRW 10 million out of the down payment. On January 28, 2013, the Plaintiff paid KRW 60 million in total in the remainder of the down payment and KRW 50 million in intermediate payment and KRW 50 million. On March 10, 2013, the Plaintiff occupied the instant multi-household 401, and paid KRW 15 million out of the remainder and KRW 6 million on March 11, 2013, respectively.

As the Plaintiff and D agreed to change the subject matter of the instant sales contract to the above 401, Defendant B entered into a sales contract with respect to the above 401 on January 31, 2013, and the remainder payment date on March 31, 2013.

E. Meanwhile, the aforementioned Nos. 401 and 402 are the maximum debt amount of KRW 50 million and the mortgagee G.

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