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(영문) 서울중앙지방법원 2019.03.26 2018가단5215513
손해배상(기)
Text

1. The Defendant’s KRW 192,60,000 as well as to the Plaintiff’s KRW 10.71% per annum from March 10, 2015 to April 9, 2015.

Reasons

1. Facts of recognition;

A. On October 18, 2013, the Plaintiff is a seller who purchased an officetel E (hereinafter referred to as “Etel”) in the name of D Co., Ltd. (hereinafter referred to as “D”) from Sungnam-si, Sungnam-si, the husband, and the Defendant is a person who was working as the representative director from February 28, 2013 to February 22, 2015 and promoted the sale of Etel.

B. On October 2013, the Plaintiff, through the G Licensed Real Estate Agent Office located in Seongbuk-gu, Sungnam-si (hereinafter “G Licensed Real Estate Agent Office”), heard that “10 units of construction work” among Etels are sold at a discount of 75% at the original selling price. On October 14, 2013, the Defendant, the husband of the instant officetel, was the representative director, and the instant officetel, with respect to D and the instant officetel, whose original selling price was discounted from KRW 214,00,50 to KRW 75% (hereinafter “instant sales contract”), concluded a sales contract at a discount of KRW 160,50,000 on the condition of advance payment of KRW 160,50,000, KRW 1000, KRW 000, KRW 000, KRW 10000, KRW 1005, KRW 10,005, KRW 105,010, May 10, 2015

As such, although the conclusion of the instant sales contract was made under the name of the Plaintiff’s husband, all of the actual act was done by the Plaintiff, and the said C transferred the status of the buyer to the Plaintiff on February 11, 2015.

C. Etel, which is obligated to pay the sale price due to the filing of a lawsuit by a truster, entered into a management-type land trust agreement with the Company I (hereinafter “I”) and newly built and sold an officetel on the land. However, D, as if it directly sells a number of officetels, including the instant officetels, through a licensed real estate agent, etc., it would normally be sold to I, and it would be reported to the buyer as if it were sold to I.

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