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(영문) 광주지방법원 2018.05.18 2017가단921
손해배상(기)
Text

1. The Defendant’s KRW 22,850,00 for the Plaintiff and 5% per annum from September 5, 2014 to May 18, 2018.

Reasons

1. Basic facts

A. The defendant's omitted C resells the right to sell lots of land Etel 209 (hereinafter "the instant officetel") on the ground of Seo-gu mining area D and four lots of land (hereinafter "the instant officetel") to the plaintiff. The plaintiff is the purchaser.

B. The Defendant is a licensed real estate agent operating the F Licensed Real Estate Agent located in the Gwangju Mine-gu, who has mediated the resale contract between the Plaintiff and C with respect to the instant officetel.

C. On September 5, 2014, the Plaintiff entered into a resale contract with the Defendant regarding the right to sell the instant officetels (hereinafter “instant resale contract”) which constitutes 64,362,000, at the sales office of the Dondi Urban Development Co., Ltd. (hereinafter “Bndi Urban Development Co., Ltd.”) as the Defendant’s broker, and paid KRW 45 million to C on the same day, and paid KRW 700,000 to the Defendant as the brokerage commission.

On March 23, 2012, the non-party company engaged in the business of selling the officetel built on the land of Seo-gu, Seo-gu, Gwangju, and four parcels, and entered into an international trust company (hereinafter “international asset trust”) with an international trust company (hereinafter “international asset trust company”) and a business agreement and an agency agreement based thereon.

(hereinafter “instant trust agreement”). The main contents of the agreement include: (a) the trust company manages the ownership of an officetel’s business site; (b) the officetel’s ownership is also managed by the trust company; and (c) only the trust company is authorized to sell an officetel and the sales price is not recognized to be deposited in the management account opened by the trust company; and (d) the sales contract without the seal of the trust company does not become effective.

E. On March 23, 2012, the instant officetel site was owned by G, and the registration of transfer of ownership was made under the name of the non-party company on the grounds of sale, and was caused by the trust in the name of an international asset trust on the same day.

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