(영문) 광주지방법원 2018.07.20 2016가단532261

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(영문) 광주지방법원 2018.07.20 2016가단532261

손해배상 등

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1. Defendant B shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 15% per annum from January 22, 2017 to the date of full payment.

Reasons

1. Basic facts

A. (1) On August 26, 2014, the Plaintiff, under the brokerage of Defendant C, a licensed real estate agent, on August 26, 2014, is deemed as Defendant B and Gwangju Northern apartment No. 704 (hereinafter “instant apartment”).

As to the lease agreement (hereinafter “instant lease agreement”), the following terms and conditions are as follows:

(2) Defendant B concluded a contract with the Plaintiff, and Defendant B concluded a contract with the Plaintiff, stating that “If the lease deposit is paid, the transfer of ownership will be completed in the name of the Plaintiff.” The remainder of KRW 35,000,000 deposit with the deposit KRW 500,000 (in the case of a contract payment), KRW 34,500,000 (in the case of a contract payment), which is the special agreement from September 1, 2014 to August 31, 2015.

1. The balance shall be paid after confirming whether the transfer of ownership is made before the balance;

2. B shall be determined with a maximum amount of debt 39,00,000,000 won set up in the mortgage-backed bank when the ownership has been transferred to B.

3. In the event that the above paragraphs 1 and 2 are not fulfilled, this Agreement will be restored to its original state.

2) At the time of the conclusion of the instant lease agreement, Defendant B was disqualified as a loan subsidiary of the financial institution, and was unable to complete the registration of ownership transfer. (b) At the time of the conclusion of the instant lease agreement, Defendant C explained to the Plaintiff that the instant apartment was currently subject to the registration of ownership transfer in the name of Nuuudi Limited Liability Company, and issued a confirmation statement. (c) Defendant B was unable to complete the registration of ownership transfer with respect to the instant apartment by September 1, 2014, which is the remaining payment date.

Nevertheless, as the registration of ownership transfer will be completed, the Plaintiff requested the payment of the remainder, and even if the Defendant C paid the lease deposit to the Plaintiff first, the Defendant C would have received the ownership transfer in its name and thus, there is no problem.

2. On September 1, 2014, the Plaintiff paid the remainder to Defendant B, and on the same day.

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