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(영문) 수원지방법원 2017.06.02 2016가합1925
불법행위에 의한 손해배상
Text

1. Defendants B and C shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as a result, from March 1, 2016 to June 2, 2017.

Reasons

1. Basic facts

A. The non-party Franc Partnership is an organization composed of persons who jointly purchase GJ 915 square meters (hereinafter “instant land”). The non-party H, the president of the instant association, sold the instant land to Defendant E at KRW 3,050,000 on September 27, 2014 following a resolution by the general meeting of the association, and Defendant E paid KRW 550,000,000, which is part of the down payment, and the remainder payment.

B. Defendant B is a person who runs the real estate brokerage business under the name of Defendant C, who is his father, and the Plaintiff was recommended by Defendant D to purchase the above commercial building, as the JSang, which is to be constructed on the ground of the instant land from Defendant B only or Defendant B (hereinafter “instant commercial building”) around June 2015, around the introduction of Defendant D, around August 2014.

Accordingly, on November 15, 2014, the Plaintiff entered into a contract with Defendant E to purchase KRW 1,440,000,000, the second floor of the instant commercial building, which was recorded as the concessionaire of the instant commercial building.

On September 27, 2014, the Plaintiff remitted KRW 150,000,00 to Defendant B as the down payment for the said sale price, and KRW 200,000,000 on October 1, 2014, and KRW 50,000 on October 2, 2014, and KRW 50,000,000 on December 18, 2014, respectively. On October 1, 2014, the Plaintiff remitted KRW 200,000,000 to Defendant E, respectively.

C. Defendant E was notified of the cancellation of the above sales contract on February 4, 2015, by failing to pay the remainder of the purchase and sale payment to the Franchi Association.

On March 10, 2015, Frana Cooperatives deposited KRW 550,000,000, excluding the down payment of KRW 300,000,000, out of the money received from Defendant E, and returned KRW 150,00,000, which is half of the down payment to Defendant E on July 24, 2015.

Defendant E returned to the Plaintiff KRW 100,000,000,000 on June 3, 2015, and KRW 150,000,00 on July 24, 2015.

E. On August 25, 2015, Defendant B excluded KRW 250,000,000 returned by Defendant E from the down payment that the Plaintiff paid to the Plaintiff at KRW 550,00,000.

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