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(영문) 수원지방법원 2016.07.13 2014가단73547
손해배상청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. 【Evidence” 【A-1-1, 2, A2-1, 2, A2-1, 3, A4, A5, A6, A8, A9, witness C, and the purport of the whole pleadings;

A. On May 10, 2005, D and D entered into a sales contract with D to purchase the instant real estate as KRW 159,400,000,000 for the purchase price of the instant real estate, which was determined as KRW 150,000,000,000 for D and D’s father inherited from their father (hereinafter “instant real estate”).

(2) On December 6, 2005, in lieu of purchasing the instant real estate, C completed the registration of creation of a collateral security with the content of the maximum debt amount of KRW 330 million, the debtor D, and the creditor C with respect to the instant real estate on December 6, 2005.

B. On July 16, 2008, C entered into an implementation agreement with C to pay C the full purchase price in the event that D and D sell the instant real estate to a third party.

(2) D has prepared a certificate of the personal seal impression and power of attorney in its name to enable C to dispose of the instant real estate in its name, and affixed the certificate of his seal impression and the passbook in his name to C.

C. A sales contract between the Plaintiff and D (1) C requested the Defendant who operated the F Licensed Real Estate Agent Office to mediate the instant real estate.

(2) On July 17, 2008, the Plaintiff entered into a sales contract with D to purchase the instant real estate by fixing the purchase price of KRW 285 million as the Defendant’s brokerage, and agreed to pay the down payment of KRW 30 million on the day of the sales contract, the intermediate payment of KRW 120 million on August 12, 2008, and the remainder of KRW 135 million on September 12, 2008. The Plaintiff paid the down payment of KRW 30 million to D on the day of the sales contract.

On the other hand, C acquired the down payment under the name of passbook D.

(3) Meanwhile, the Defendant scheduled the construction of the instant real estate at the time of the above sales contract.

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