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(영문) 수원지방법원평택지원 2017.08.11 2015가단45883
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B shall be KRW 195,500,000 and the interest rate of KRW 15% per annum from October 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On June 26, 2014, the Plaintiff sold the amount of KRW 5042 square meters in Pyeongtaek-si H, and KRW 454 million in the purchase price among the Defendant B, who became aware of the introduction of Defendant C (hereinafter “each of the instant lands”), in the G Licensed Real Estate Agent Office located in Pyeongtaek-si F, for KRW 454 million in the purchase price. The Plaintiff sold the down payment of KRW 45 million in the first intermediate payment of KRW 125 million in the first intermediate payment, and KRW 105 million in the second intermediate payment of KRW 142 million in the same year.

7. The balance of 142 billion won in 26.26.2

9. A sales contract was concluded on November 1, 199 for each of the items to be paid (hereinafter “instant sales contract”).

Defendant D participated in the preparation of the documents of the instant sales contract as a broker assistant of the above G Licensed Real Estate Agent Office.

B. The Plaintiff received only KRW 12 million out of the down payment from Defendant B on the date of conclusion of the sales contract, and paid KRW 5 million to Defendant D on June 27, 2014 on the following day.

C. On July 1, 2014, the Plaintiff concluded a mortgage-backed contract with a person holding a collateral security interest in KRW 390 million with respect to each of the instant land at the point of the establishment of the establishment of the establishment of the right to collateral security with respect to each of the instant land, which was located in the Seongdong Agricultural Cooperatives, 126 (hereinafter referred to as the “FFFFF”) from the JFFFF, the JFFFFF, 126 (hereinafter referred to as the “SFFF”), and to

Defendant E is a person who lends the name of the lending contract upon the request of Defendant B.

On July 2, 2014, KRW 20,516,150 out of the above loans of KRW 300 million was deposited in the Rural Development Corporation under the name of repayment of the existing loan of each of the instant lands, and KRW 21,537,00 was deposited to Defendant E, and KRW 137,50 million was deposited to the Plaintiff.

On the same day, the Plaintiff paid KRW 5 million to Defendant C.

E. On July 9, 2015, upon the application of the Daegu Agricultural Cooperative, a collateral security right holder, the decision to commence the sale of real estate on each of the instant lands was rendered (J). In the above auction procedure, the market price of each of the instant lands was 480,09,000 won and was 480,0960,000 won.

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