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(영문) 서울서부지방법원 2019.01.09 2017가합34820
손해배상(기)
Text

1. For the plaintiffs:

A. Defendant C and D jointly amounting to KRW 8,950,000 and as regards them:

B. Defendant E is Defendant C, D.

Reasons

Facts of recognition

The relevant plaintiffs of the parties are married couple of the parties, who purchased the F apartment G of Seodaemun-gu Seoul (hereinafter “instant apartment”) from Defendant C, and Defendant D is the spouse of Defendant C, and Defendant E is a licensed real estate agent who arranged a sales contract at the time when the plaintiffs purchased the instant apartment from Defendant C.

On April 5, 2016, the Plaintiffs and Defendant C entered into a sales contract with Defendant E to purchase the instant apartment from Defendant C as the broker of Defendant E (hereinafter “instant sales contract”) at the I Licensed Real Estate Agent Office operated by Defendant E, Seodaemun-gu, Seoul, to purchase the instant apartment from Defendant C for KRW 440 million. The main contents of the instant sales contract are as follows.

Article 1 (Purpose) of the terms and conditions of the apartment sale contract of this case, the seller shall pay the purchase price in accordance with the agreement as follows.

The purchase-price of KRW 40 million shall be paid and received at the time of the contract in the amount of KRW 2,000,000,000,000,000. Of the two, the amount of KRW 42,00,000 shall be paid on April 7, 2016.

The remaining amount of KRW 396 million shall be paid on June 10, 2016.

Article 2 (Transfer, etc. of Ownership) The seller shall receive the balance of the purchase price and at the same time deliver all documents necessary for the transfer registration of ownership to the buyer and cooperate in the registration procedure, and the delivery date of the said real estate shall be June 10, 2016.

Matters of special agreement

1. The contract for the sale of the current facility. 2. The remainder of the maximum amount of debt in the register shall be cancelled;

3. An intermediate payment is to be deposited into Defendant C’s account;

4. At the time of the instant sales contract, Defendant C, along with an explanation to the effect that “At the time of the instant sales contract, he/she wishes to have a director who experienced grievances due to leakage in the house he/she had lived before, and thus, he/she is written in each of the several problems.”

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