(영문) 서울서부지방법원 2018.07.06 2017가단225261

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(영문) 서울서부지방법원 2018.07.06 2017가단225261

손해배상(기)

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1. Defendant C’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from August 7, 2017 to July 6, 2018.

Reasons

1. Basic facts

A. (1) Defendant B is the land Mapo-gu Seoul Metropolitan Government E (hereinafter “instant land”) between D and D on May 25, 2017.

) The building and its ground (hereinafter referred to as “instant building”)

(2) Defendant B concluded a sales contract to purchase KRW 7.6 billion with the instant land and the instant building and its ground in Mapo-gu Seoul Metropolitan Government G land and buildings, Seoul Mapo-gu H building I and Jho, and Incheon Seo-gu K building L as joint collateral in the process of the said purchase.

3) On June 30, 2017, Defendant B paid the remainder to the registry, and applied for registration of the ownership transfer of the instant building and F Bank to the registry, respectively, for the establishment of a collateral security right holder and the maximum debt amount of KRW 8.28 billion. (b) The Plaintiff, who was a seller of the instant building, introduced the instant building from Defendant C under the above sales contract between Defendant B and D, a licensed real estate agent who was a seller of D, and made a lease registration under the name of Defendant C on July 4, 2017, prior to the completion of the registration of the ownership transfer under the name of Defendant B and the registration of the establishment of a neighboring bank under the name of F Bank, the first and second floors of the instant building shall be KRW 250,000,000,000,000,000,0000,000,0000,000,0000,000,000 won (hereinafter referred to as “the instant contract”).

The provisional contract of this case contains the following: “In the event of a violation of the contract between the Plaintiff and the Defendant B, the Plaintiff renounces the provisional contract and compensates for the double the amount of the provisional contract amount” (hereinafter “instant special agreement”). The provisional contract of this case contains the following: “The security deposit shall be created upon the payment of the remainder amount.”

2. Conclusion of the instant provisional contract

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