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(영문) 부산지방법원동부지원 2017.11.21 2015가단213829
손해배상(기)
Text

1. The Defendant: (a) KRW 1,500,00 for Plaintiff A, and KRW 750,000 for each of the Plaintiff B and C; and (b) from December 6, 2015 to November 2017.

Reasons

1. Facts of recognition;

A. On March 11, 2013, Plaintiff A entered into a sales contract with the International Trust Co., Ltd. (hereinafter “International Trust”) to be supplied with 101 units of the instant commercial building through the limited engineering (hereinafter “Korea-Japan Engineering”), a truster of the execution of the commercial building Adong (hereinafter “instant commercial building”) located in Suwon-gu, Busan (hereinafter “instant commercial building”), and completed the registration of ownership transfer on July 31, 2015.

B. On March 11, 2013, the Defendant entered into a sales contract to be supplied with 104 commercial buildings of this case from an international trust (hereinafter “instant sales contract”) through limited engineering, and completed the registration of ownership transfer on July 23, 2015.

C. F and G entered into a sales contract to be supplied with No. 102 of the instant shopping district from an international trust through a limited engineering on April 8, 2013, and H acquired the buyer’s status from F and G on October 7, 2013.

I and Plaintiff C acquired the status of the buyer from H on October 10, 2014, and Plaintiff B acquired the status of the buyer from H on June 18, 2015.

Plaintiff

B and C completed the registration of ownership transfer on July 31, 2015 relating to each 1/2 of the instant shopping districts 102. D.

From June 2015, 2015, Plaintiff A runs real estate brokerage business in 101, Plaintiff B, and C, respectively.

From June 2015 to September 4, 2015, the Defendant operated real estate brokerage business in the instant commercial building No. 104.

Terms and Conditions of Commercial Facilities Special Agreement

2.The buyers of commercial buildings in the special agreement have been aware of and understood as limited to the following matters and promised to comply with all the special agreement in good faith:

In the case of resale by each unit, a sales contract and a special agreement shall be attached, and all obligations to be entered in a special agreement shall be succeeded to the seller.

(1) 101, 102 - Commercial buildings, 101, and 102 shall be the types of real estate businesses.

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