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(영문) 서울동부지방법원 2016.06.29 2015나26506
보증채무금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of payment under paragraph (2) is revoked.

2.

Reasons

1. Basic facts

A. On June 2007, Defendant B requested L who operates a brokerage office in the trade name to sell the right to sell I 10 square meters under the name of the husband of the deceased H (hereinafter “instant right to sell”). L was placed by introducing J as an employee of “M real estate” at the brokerage office.

B. The Plaintiff requested E, a licensed real estate agent, to purchase the I-sale franchise, and E requested G, which operated a brokerage office in Chungcheongnam-gun, Chungcheongnam-gun, with the trade name of “N Licensed Real Estate Agent”.

C. On June 13, 2007, Defendant B, along with IF, intended to sell G or to sell the instant sales right from M&E to G, and the transferee column and the transfer price column in blank: F’s sales contract, performance note, transfer angle, transfer certificate, proxy certificate, resident registration certificate, each of the Defendants’ respective inheritance waiver notes and certificates of personal seal impression, identification certificate, F’s family register copy, H’s transcript, and H’s transcript of the purchase price, were prepared and submitted to the J to the J, and then, he asked the J to receive the purchase price from the buyer. G and J heard heard heard that the buyer of the instant sales right does not want to purchase because the ownership of the instant sales right is the deceased, and thus, he did not want to purchase the instant real estate more complicatedly.

G listening to the words that the buyer desires to purchase the instant sales right again from E on the same day, G requested J to submit the documents prepared in the morning to the seller together with the seller. The J has been located on the part of the seller and has been engaged in the N Licensed Real Estate Agent operated by G with only trading-related documents.

E. Upon the occurrence of an unforeseen circumstance, J transferred documents related to the sale to G and demanded N Licensed Real Estate Agent to receive the sales price, and upon arrival of E, G sent documents related to the sale to E and received the sales price to J.

(f) above;

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