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(영문) 광주지방법원 2017.05.16 2016가단21174
손해배상(기)
Text

1. The Defendants jointly share KRW 111,00,000 to Plaintiff A, and KRW 55,50,000 to Plaintiff B, and each of them on August 2, 2016.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant AWn City Development Co., Ltd. (hereinafter “Defendant Co., Ltd”).

) The Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”).

) Etel on the 1st and 13th above ground (hereinafter referred to as “instant officetel”).

(2) Defendant C is a licensed real estate agent operating real estate brokerage business under the trade name of “F Licensed Real Estate Agents”.

B. On November 2, 2015, Plaintiff A entered into a sales contract with Defendant C with each of the instant officetels 1130 and 1136 at KRW 68,54,00,00, respectively. In fact, Plaintiff B entered into a sales contract with Defendant C, setting the sales price at KRW 55,00,000, respectively, rather than the supply price on the sales contract. Plaintiff B entered into a sales contract with Defendant C upon introduction with the amount of KRW 67,635,00,00 for the instant officetel 1207. In fact, Plaintiff B entered into a sales contract with the Defendant Company by setting the sales price at KRW 55,00,000, not on the supply price on the sales contract.

3) From October 21, 2015 to November 2, 2015, Plaintiff A transferred KRW 11,00,000,00 in total, including KRW 55,000,000 in the instant officetel 1130,000, and KRW 111,000,000 in the instant officetel 1136 (=5,000,000 in the instant officetel x two households and the fee for the said Defendant) to Defendant C; Plaintiff B transferred KRW 5,00,000 in the instant officetel 1207 on December 3, 2015; and Plaintiff B transferred KRW 55,00,000 in the sales price under the instant officetel 1207 on December 3, 2015; and the same month.

7. The Defendant remitted KRW 500,000 to the said Defendant.

4) From the Defendant Company, on November 2, 2015, Plaintiff A received 68,544,000 won for the instant officetel 1130 and 1136, respectively, and Plaintiff B received 67,635,000 won for the instant officetel 1207. C. The instant receipt was issued for the instant officetel 1130, 1136, and 1207.

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