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(영문) 수원지방법원안산지원 2015.12.01 2014가단10243
손해배상(기)
Text

1. The Defendant’s KRW 7,500,000 as well as the annual rate of KRW 5% from September 2, 2014 to December 1, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 13, 2009, the Plaintiff entered into a sale contract with C to purchase a sale right to the Korea Land and Housing Corporation (hereinafter “instant sale contract”) with respect to the housing site development business of the D District in Gwangjin-gu and Gwangju-si, and paid C the purchase price of KRW 30,00,000,000.

The Defendant, as a licensed real estate agent, mediated the instant sales contract, and as an intermediary for the Plaintiff, performed the process of concluding and executing the instant sales contract with C on behalf of the Plaintiff.

B. The instant sales contract provides that “The payment of the balance shall be made at the same time as the payment of the balance and the winning right of the sales contract shall be transferred, and the submission of documents, such as a certificate of seal imprint, shall be immediately submitted if any change is made.”

C. After the conclusion of the instant sales contract, C did not perform the Plaintiff’s membership (person holding the ownership of the ownership of the ownership) and the procedure for changing the name of the Plaintiff, as the contact was interrupted.

Accordingly, the plaintiff filed a lawsuit against C to implement the procedure for changing the name of the right to sell lots (2013da16923) and received a favorable judgment on February 5, 2014, and the above judgment became final and conclusive around that time.

The right to sell the subject matter of the instant sales contract is impossible to sell to a third party by an individual member, and C was selected as the subject of the initial livelihood measure, but it was disqualified on October 7, 2012 due to the failure to comply with the union membership.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding results on the Korean Land and Housing Corporation by this court, the purport of the whole pleadings

2. Determination

A. According to the facts and evidence found above, the right to sell the instant sales contract cannot be sold to a third party by the members of the association as seen earlier. The defendant mediating the instant sales contract shall be fully aware of the possibility of transferring the status of the association members and the procedure for changing the status of association members.

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