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1. The defendant shall pay 45,00,000 won to the plaintiff and 15% per annum from June 16, 2016 to the day of complete payment.
Reasons
1. Judgment on the plaintiff's claim
A. 1) On May 19, 2015, C is deemed to be the instant officetel No. 36 of the fifth fifth floor of the building in Gwangju-gu (hereinafter “instant officetel”).
(A) The sales contract was concluded with the content that the sales contract was purchased in lots, and the sales price was paid to the company as the sales price (it is difficult to believe that the entries in the receipt of completion in subparagraph (4) are not submitted in light of the fact that objective data was not submitted.
(2) On November 27, 2015, the Gwangju District Court rendered a registration of ownership transfer in the name of the Land&D Urban Development Corporation (No. 286367) with respect to the instant officetel. The registration of ownership transfer was made in the name of the Gwangju District Court No. 286389, Nov. 27, 2015, under the name of the International Asset Trust Corporation (No. 286389).
3) On February 15, 2016, the Plaintiff entered into a contract with C to purchase the sales status of the instant officetel in KRW 45,000,000 (hereinafter “instant sales”).
(4) The sales contract between the Plaintiff and C was concluded on behalf of the Defendant on February 16, 2016, and the sales contract between the Plaintiff and C was concluded on behalf of C. As special terms and conditions, “the Defendant, a seller’s agent, is responsible for registration for preservation (registration) under the responsibility of the Defendant at the time of registration.” The Defendant received KRW 1,500,000 from the Plaintiff as a brokerage commission.
5) On August 2016, the International Asset Trust Co., Ltd. commenced a public auction procedure with respect to the instant officetel (based on recognition). [The grounds for recognition] of absence of dispute, Gap evidence Nos. 1, 2, 4, 6, 9 (including a serial number, if any), and the purport of the entire pleadings.
B. In light of the following circumstances, as to the meaning of “the Defendant is responsible for the registration of transfer” entered into by the Defendant in the instant case, C, a buyer at the time of the instant sales contract, was in an unstable position to be unable to obtain the registration of transfer of ownership regarding the instant officetel, and this is the sales of this case.