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(영문) 수원지방법원안산지원 2016.07.07 2014가합23369
손해배상(기)
Text

1. Defendant E and F jointly share 70,000,000 won to Plaintiff A, 19,300,000 won to Plaintiff B, and 54.

Reasons

Facts of recognition

Defendant D is the owner of Ansan-si H Nos. 4 and 5 (hereinafter “instant building”) in Ansan-si, and I is the manager of the instant building due to the rash of D.

Defendant E (hereinafter “E”) is a company that sells, sells, leases, etc. real estate, and Defendant F is a director or representative of Defendant E’s intra-company.

Defendant G is a person who engages in the recruitment of real estate buyers.

The plaintiffs are the number of buyers of the building of this case, and plaintiffs A and B are married, and plaintiffs C are neighbors of plaintiffs A and B.

The building of this case consists of 3 to 5 square meters in size. The building of this case is composed of 40 units.

I “J” under its trade name, when managing the instant building in lieu of Defendant D, leased the said heading rooms to operate accommodation business (one-time “public telecom”).

A. On March 20, 2012, Defendant D entered into a sales contract with Defendant F to set the sales price of KRW 1.6 billion and the down payment of KRW 160 million with respect to the instant building. On the same day, Defendant F paid KRW 10 million as part of the down payment.

At the time of the above contract, the defendant F would purchase the building in this case and make a rental business to I, and if the existing lessee would be, he would not receive a new lessee, and instead would pay monthly rent in the public room (including management expenses; hereinafter the same shall apply).

From that time, Defendant F started using three defense rooms among the buildings of this case as an office by leasing three defense rooms, and began to pay monthly taxes. In the event of a public office, the monthly payment of the part was made.

The deposit amount for each unit of the instant building was KRW 3-4 million, and monthly rent was KRW 10-3 million.

After that, Defendant F failed to pay additional purchase price.

Accordingly, Defendant D is unable to perform the above sales contract by June 20, 2016 between Defendant E and F on June 15, 2012, if Defendant F is unable to perform the above sales contract by June 20, 2016, up to the time when the 40 rooms of the instant building are leased.

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