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(영문) 수원지방법원안산지원 2015.01.15 2013가합7568
위약금 및 손해배상 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The plaintiff (Counterclaim defendant) shall be 3.3.4

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B is a person who was the representative of the E religious organization FI (hereinafter “FI”) and Defendant C is a person who was the administrative officer of the FII, and Defendant D is a licensed real estate agent.

The plaintiff is a church that purchased church buildings, etc. from the F church with the brokerage of defendant D, and G (name H before the opening of the church) is the representative of the plaintiff.

B. 1) G, the representative of the Plaintiff, the instant sales contract and the conclusion of an additional contract, etc., is between B and B on June 2, 2011, the Plaintiff’s 301, 302, and 303 of the 3nd floor of the 1st, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant real estate”).

A) The sales contract to purchase the purchase price of KRW 440 million (hereinafter “instant sales contract”) is a sales contract to purchase KRW 40 million.

AB concluded the agreement.

The main contents of the instant sales contract are as follows.

- The instant sales contract - The sales price of KRW 440 million - the down payment of KRW 40 million - the intermediate payment of KRW 300 million - the buyer’s succession to the contract at present - the balance of KRW 100 million 10 million - the intermediate payment of KRW 300 million on August 1, 201.

A real estate broker - The real estate broker shall not be liable for the seller's or buyer's default of this contract.

In addition, the brokerage commission shall be paid by both parties to the contract at the same time as this contract is concluded, and the brokerage commission shall be paid even if this contract is null and void, cancelled or terminated without the intention or negligence of the broker.

In the case of a joint brokerage, the seller and the buyer shall pay the brokerage commission respectively to the broker whom they have requested.

special agreement - KRW 2.85 million out of the down payment of KRW 40 million shall be paid at the time of the contract, and the remaining KRW 37.155 million shall be deposited at the 3:00 am of June in the agricultural J account of the agricultural cooperative.

- The balance of 400 million won in cash shall be paid at the remaining time and the remainder of 300 million won shall be replaced by the loan.

- The balance may, as the buyer’s circumstances, be paid not later than August 1 of the date of the balance, and the balance.

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