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(영문) 수원지방법원성남지원 2019.03.20 2018가단217003
손해배상(기)
Text

1. Defendant C’s year from February 14, 2017 to March 20, 2019 to KRW 16 million for Plaintiff C Co., Ltd.

Reasons

1. Basic facts

A. The relationship between the parties (1) The Plaintiff Company A (hereinafter “Plaintiff A”) is a company that entered into a real estate sales contract with F on December 30, 2016, with the aim of manufacturing, processing, distributing, wholesale, retail, etc. of agricultural, fishery, and livestock products. The Plaintiff B is the representative G’s spouse, and the said Plaintiff A is the actual operator.

(2) Defendant C is a licensed real estate agent who arranged the above real estate sales contract, and Defendant D is a member of Defendant C’s branch office, who was frequently rare in the licensed real estate agent office, and became aware of the Plaintiff B.

B. (1) On December 30, 2016, Plaintiff B entered into a sales contract with Defendant C’s intermediary, and Plaintiff A to purchase each real estate listed in the separate sheet owned by it (hereinafter “each of the instant real estate”) for KRW 4.5 billion (hereinafter “instant sales contract”), and paid KRW 200 million to F on the same day as the down payment pursuant to the instant sales contract. The main contents of the instant sales contract are as follows.

1. The location of real estate indicated in attached Table 1 and paragraph (2) of this Article (the real estate indicated in attached Table 1 and paragraph (2) of this Article): The land category, area of 97 square meters: The structure of reinforced concrete structure, neighborhood living facilities and housing, and the area of 1357 square meters;

2. Article 1 of the Terms and Conditions of the Contract / [Purpose] The seller and the buyer shall pay the sales amount by agreement as follows with respect to the sale of the above real estate:

The purchase price: 4.5 billion won: 2 billion won shall be paid at the time of the contract and the balance received: 4.3 billion won shall be paid on January 30, 2017.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of ownership transfer to a buyer at the same time as the balance of the purchase price is received, and shall cooperate with the registration procedure, and the date of delivery of the said real estate shall be January 30, 2017.

Article 3 (Extinction of Restricted Real Rights, etc.) The seller shall establish a mortgage, superficies, right of lease, etc. on the said real estate.

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