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(영문) 부산지방법원 2016.08.23 2015가단50220
손해배상(기)등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 3, 2014, the Plaintiff, a licensed real estate agent, entered into a contract with D Regional Housing Association Promotion Committee (hereinafter referred to as the “Promotion Committee”) and Hyi NNC Co., Ltd. (hereinafter referred to as “Defendant Hyi NDC”) to purchase an apartment unit (287,800,000 won in total of the sale price and service cost) of 18,00,00,000 won for an apartment unit (hereinafter referred to as “instant purchase contract”) located in Busan Shipping Daegu E-gu, Busan, which is a real estate agent, in the course of carrying out a housing unit sales business. On April 7, 2014, the Plaintiff concluded a contract with the Promotion Committee and a regional housing association member (hereinafter referred to as “instant purchase contract”).

B. From April 2, 2014 to April 24, 2014, the time following the conclusion of the instant subscription agreement, the Plaintiff remitted KRW 21,000,000,000 as partnership contributions, to each land trust corporation (hereinafter “Korea Land Trust”) which is an agency for the management of funds specified in the instant subscription agreement. On April 7, 2014, the Plaintiff remitted KRW 6,000,000 to the account in the name of the Promotion Committee under the name of the Plaintiff’s committee of promoters, as the service cost of Defendant Hyi tin C&N C, and the Defendant B transferred KRW 3,00,000,000 as brokerage commission on April 4, 2014, and the same month.

8. Each remitted the amount of KRW 18,000,000 for sales rights, respectively.

C. Meanwhile, on April 5, 2014 and the same month with respect to the apartment purchased by the Plaintiff in the land trust for the land that is a fund management company of the promotion committee.

7. Each of 3,00,000 won, and the aggregate of 27,780,000 won, which was deposited on May 2, 2014, was entirely transferred to KB Real Estate Trust Co., Ltd. with the Plaintiff’s consent on September 23, 2014.

Since then, as the housing sales business under the instant subscription contract was unable to properly proceed due to the occurrence of the purchase of the land in the business area, Defendant B issued a letter to the effect that, on April 3, 2015, Defendant B would be liable for KRW 18,000,000 paid by the Plaintiff in the event that the Plaintiff did not grant the Plaintiff’s right to subscribe to the apartment association.

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