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(영문) 인천지방법원부천지원 2016.12.14 2016가단101541
매매대금
Text

1. The Defendant’s KRW 10,000,000 for the Plaintiff and the following: 5% per annum from March 11, 2016 to December 14, 2016, respectively.

Reasons

1. Basic facts

A. On August 20, 2015, with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), which was owned by the Plaintiff, the registration of the ownership transfer in the name of the Defendant was completed (hereinafter “instant registration of ownership transfer”) due to the sale on the same day as the receipt of No. 110767 on August 20, 2015.

B. The Plaintiff requested F, a brokerage assistant of the licensed real estate agent E in the office of the D Licensed Real Estate Agent E, located in Seocheon-gu, Nowon-gu, Busan, to mediate the instant apartment sales contract.

C. F prepared and provided a sales contract concerning the instant apartment (hereinafter “instant sales contract”) with the following contents as to the Defendant.

The plaintiff did not participate in the preparation of the above sales contract, and F entered the seller's column and affixed the plaintiff's seal.

A seller: A seller shall succeed to the sale price of the Plaintiff: KRW 127,000,000 rental deposit of KRW 10 million.

The registration shall be made after deducting 10,000,000 won from the purchase price after deducting the sum of KRW 10,000 and KRW 10,000,000 from the total purchase price.

On August 20, 2015, the receipt of down payment of KRW 10 million by using a document in excess of the registration document in the presence of a certified judicial scrivener after the completion of the document at the time of August 10, 2015 is to prepare a registration or face agreement.

10 million won per month shall be succeeded to KRW 500,000 per month.

On August 19, 2015, the Defendant paid F the down payment of KRW 10,000,000 to F, and remitted KRW 107,00,000 to F’s new bank account in the name of F.

E. On May 10, 2016, F purchased the instant apartment owned by the Plaintiff at the Busan District Court Branch Branch of the Incheon District Court, the purchase price was paid at will by means of false words as if the purchase price would have been paid to the Plaintiff upon receiving the price from the Defendant, and then the purchase price was paid at will.

In the apartment of this case, the lessee has entered into a lease contract with the deposit of KRW 120 million and the deposit of KRW 10 million with the contract term of two years, but he/she has resided in the apartment of this case, the deposit of KRW 10 million and monthly.

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