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(영문) 서울중앙지방법원 2016.10.14 2015나11303
손해배상 등
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 100,000,000 for the Plaintiff and the Plaintiff’s payment thereof from April 25, 2015.

Reasons

1. Facts of recognition;

A. On July 30, 2012, the Plaintiff and C Agricultural Partnership (hereinafter “C Union”) are the broker of B, a licensed real estate agent, and the Plaintiff is 440 square meters or more (hereinafter “instant real estate”).

A) A contract to purchase KRW 156,000,000 (per square meter 600,000) among 860 square meters (per square meter 260 square meters) was entered into (However, at the time of entering into a contract, the sales contract was not entered into.

A) On the same day, the Plaintiff, H, I, and J agreed to jointly purchase the above purchase price of KRW 156,00,000 in a deposit account in the name of C cooperative designated by B. After that, the Plaintiff’s representative and the Plaintiff appears to have concluded a sales contract and paid the purchase price. The Plaintiff entered into a contract for additional purchase of KRW 1157,00 (350,000) out of the instant real estate from C association by solicitation and brokerage (However, at this time, the sales contract was not prepared.

(2) On August 31, 2012, the Plaintiff deposited KRW 210,00,000 in the aggregate of KRW 60,000,000 (per 600,000,000 per square day) on August 21, 2012, and KRW 210,000,000 in the deposit account in the name of C Cooperatives (per 600,000,000 per square day). (2) Although the Plaintiff paid KRW 366,00,000 in the aggregate to C Cooperatives as set forth in the above paragraph 1, B did not perform the preparation of the sales contract at the Plaintiff’s request. On August 31, 2012, the Plaintiff demanded that the Plaintiff pay KRW 40,000,000 in the deposit account in the name of C Cooperatives and did not receive KRW 400,000,000 in the instant real estate sales contract (per 600,000).

On October 18, 2012, KRW 21,200,000 for the purchase price for the above 53 square meters C.

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