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Reasons
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(영문) 부산지방법원 2015.05.29 2014가단247089
손해배상(기)
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1. The Defendant: (a) KRW 42,39,00 for the Plaintiff and KRW 5% per annum from May 17, 2014 to November 4, 2014; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, as a real estate broker, operated a real estate brokerage office.

B. Around March 10, 2014, the Defendant was requested by C to sell 76 million won the pertinent apartment (hereinafter “instant apartment”) owned by it to the Busan Jin-gu Busan High-gu D apartment (hereinafter “instant apartment”).

C. On March 24, 2014, the Defendant was requested by C to sell the instant apartment at KRW 76 million. Even if the Plaintiff received full payment from the Plaintiff, despite having no intent to cancel the said apartment, the Defendant was requested to sell the instant apartment at KRW 95 million to the Plaintiff, who was found at the real estate brokerage office, despite the Plaintiff’s failure to repay the secured debt of the National Bank’s banks (hereinafter “the instant apartment”), which was established on the said apartment, with the intent to sell the said apartment at KRW 95 million. Upon receiving the remainder of the payment from the Plaintiff, the Defendant concluded a sales contract with the Plaintiff on April 10, 2014, with respect to the instant apartment at KRW 95 million and KRW 35 million, the remainder of the down payment, the remainder of the down payment, and KRW 60 million on April 10, 2014, and the remainder of the down payment was paid by the Plaintiff on March 37, 2005.

As above, the Defendant: (a) paid KRW 95 million from the Plaintiff to C on March 25, 2014; and (b) the same year.

3. 28.10 million won, per year;

8.8.8 million won, and the same year;

4. The sum of KRW 4,266,00 (the sum of KRW 7,600,000,000,000,000,000 (the sum of KRW 3,333,000,000,000,000 as seen below) was paid, and the remainder of KRW 5,233,00,00 was used by himself.

E. On October 21, 2014, the Plaintiff acquired the ownership of the instant apartment from C.

F. The instant right to collateral security, around March 27, 2014, that the Plaintiff paid the remainder to the Defendant.

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