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(영문) 서울동부지방법원 2015.10.23 2015가단3274
매매대금 반환
Text

1. The Defendant: (a) KRW 32 million and the Plaintiff’s 12% per annum from November 1, 2010 to February 24, 2015.

Reasons

1. Facts of recognition;

A. On May 2010, the Plaintiff’s mother-friendly C purchased the resident status of the said residential farmer in the said district for “the right to occupy the 25-type rental apartment located in the Sejong-dong, Gangnam-gu, Seoul (hereinafter “instant sales contract”) in the capacity of the Plaintiff’s agent, D and E as a broker of the Defendant, a licensed real estate agent, for the purpose of “the right to occupy the 25-type rental apartment located in the Bogeumjari-dong, Gangnam-gu, Seoul (hereinafter “instant sales contract”), and paid KRW 32 million on September 16, 2010 and November 1, 201.

B. After the above purchase on November 1, 2010, the Defendant prepared and issued to the Plaintiff a joint and several surety stating that “The Defendant would pay to the Plaintiff the sum of the principal amount of KRW 32 million and the interest of KRW 12% per annum in the event that the right to move in is revoked or the right to move in is not equal to or smaller than normal, in the case of rental apartment (25 square meters) in the rental house (25 square meters) in the residential farmland district in the Gangnam-gu, Seoul Metropolitan City.” (hereinafter “the instant payment agreement”).

C. Since around several occasions from around 2013, the Plaintiff applied for subscription to the public announcement of the recruitment of rental housing in the Gangnam Sejong District, and applied for a second subscription to the said Sejong District Rental Housing (long-term Lease Housing) announced by the Seoul Special Metropolitan City SH on June 25, 2014. However, around August 2014, the Plaintiff received non-conformity notification (hereinafter “instant non-conformity notification”) as “excess of income requirements” and “excess of property requirements.”

On September 2, 2015, the Seoul Special Metropolitan City SH Corporation may file an application for long-term lease housing and national rental housing with the following: (a) as a result of the inquiry of the fact by this court on September 2, 2015, if the plaintiff is unable to make an application for subscription for the rent apartment (new) in the area of Sejonge 2, as the supply is completed; and (b) as to other new area rental

‘The answer was made to the effect that ‘’ was followed.

Grounds for recognition: Facts without dispute, and each of Gap evidence 1 through 5.

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