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(영문) 서울중앙지방법원 2021.02.04 2020가단5034649
약정금
Text

All of the plaintiff's claims against the defendants are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff subscribed for a housing unit with the exclusive use area of 59.94 square meters in Seocho-gu Seoul Metropolitan Government, and was selected as both.

D Housing zones are prohibited from resale for four years from the date it is possible to enter into an initial housing supply contract ( December 23, 2013) in cases of housing zones with an area for exclusive use by its residential area of 60 square meters or less. However, there was a provision on restrictions before deeming that three years have elapsed since the completion of registration of transfer of ownership of the housing concerned.

B. The Plaintiff, via a real estate broker E, decided to transfer his/her right to sell apartment units of his/her zone (hereinafter “instant right to sell housing units”) to KRW 95,00,000. Meanwhile, Defendant B decided to acquire the instant right to sell housing units through the real estate broker F, and wired F with the purchase price of KRW 10,00,000 on November 10, 2013, and KRW 85,000,000 on November 27, 2013.

(c)

Plaintiff

On December 27, 2013, Defendant B’s broker E issued to Defendant B F a letter of delegation, transfer notes, waiver of rights, special terms and conditions, performance notes, etc., on which the Plaintiff’s signature and seal was affixed.

The above performance letter "all expenses incurred in relation to the above apartment after the sale shall be borne by the purchaser, and the transfer income tax imposed on the plaintiff shall be borne by the purchaser.

The contents of the special agreement include the following: “The seller’s registration expenses (including various expenses) and the buyer’s registration expenses at the time of the change of the name, shall be borne by the buyer, and the buyer shall also be borne by the transferor’s tax (tax public charges following the transfer).”

On December 27, 2013, the Plaintiff concluded a housing sale contract with G and D apartment H (hereinafter “instant apartment”).

(d)

Defendant B re-transfered the right to sell the apartment of this case to the third party.

E. On July 2014, Defendant C was introduced the instant apartment from J real estate located in Seocho-gu Seoul Metropolitan Government, and the final transferee of the instant right to sell the instant apartment around September 2014 and the sales contract on the instant apartment.

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