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1. The Defendants jointly and severally committed against the Plaintiff KRW 200,000,000 and Defendant B with respect thereto from October 4, 2016.
Reasons
1. Facts of recognition;
(1) The EMoel (hereinafter “each of the instant real estates”) is co-ownership by the Defendants, which is a building of 478 m2 and 44 m2 and above ground.
(Site) Defendant B entered into a contract to purchase each of the instant real estate from the Defendants on May 13, 2016, the Plaintiff agreed to pay KRW 2.15 billion on June 28, 2016, the remainder amount of KRW 2.65 billion on August 16, 2016 (hereinafter “instant sales contract”), and the remainder amount of KRW 2.65 billion on August 16, 2016 (hereinafter “instant sales contract”). The Plaintiff paid KRW 10 million on the date of the contract, and the remainder amount of KRW 300 million on the date of the contract.
The instant sales contract was mediated by F, a licensed real estate agent.
Fidelity. The sales contract prepared at the time of the instant sales contract contains the following contents:
Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller, the seller shall reimburse the sum of the down payment, and each buyer may waive the down payment and rescind the contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of a contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim the other party for damages under the contract Section 3, respectively, and the contract deposit shall be considered as the basis for compensation for damages unless there is a separate contract deposit.
x. On June 24, 2016, the date of the intermediate payment under the instant sales contract, which was June 28, 2016, the Defendants: (a) on June 24, 2016, the Plaintiff; and (b) on June 24, 2016, the Plaintiff: (c) a licensed real estate agent divided into G from Seosan-gu D excluded the Plaintiff from the sales product without explaining the purchaser; and (d) the Defendants suffered enormous financial loss by preparing a sales contract to the Defendants.