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(영문) 부산지방법원 2019.08.13 2018가단7371
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. With respect to the portion of 379 square meters, E, 281 square meters, F-207 square meters, G-236 square meters and buildings on the ground, H-29/387 square meters, the registration of ownership transfer in each one’s name was completed with respect to the transfer of ownership in each one’s name, J forest 53 square meters, and H-29/387 square meters in each one’s name with respect to the portion of 379 square meters, J forest 53 square meters, and 64 square meters prior to K (hereinafter referred to as “each of the instant real estate”), and with respect to the remainder of 98/387 square meters in each H’s land, the registration of ownership transfer was completed in each one’s name.

B. The Plaintiff concluded a contract to purchase each of the instant real estate by I and L as the broker of the Defendant, a licensed real estate agent, over three times as follows.

① Contract on January 2, 2018: 1.223.9 million won (total of 4.57 billion won x average of 2.7 million won x average of 2.7 million won - seller’s cost of demolition of a building - seller 1.65 million won (the amount agreed on January 6, 2018: 1.1.65 million won (the equivalent of the equivalent amount of the State’s share out of H’s land) for the seller, I, L, and the buyer ③ on January 24, 2018: D, E, F (three parcels), price of KRW 6.88 million, the buyer, J, K (2 parcels) price of KRW 95 million, the buyer, L, 1.165 billion (the equivalent amount of the State’s share out of H’s land), the seller’s price of KRW 1.165 billion, the buyer, the seller’s price of KRW 75 billion, and the seller’s price of KRW 1.75 billion.5 billion.

C. On January 24, 2018, the Plaintiff completed the registration of ownership transfer on March 12, 2018 for each of the instant real estate.

[Reasons for Recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 (including provisional number), 3, 4, 5-1, 5-2, and 5-4, the purport of the whole pleadings

2. Determination

A. The cause of the claim (1) The purchase price of each of the instant real property is KRW 1.12 billion calculated by deducting the removal cost of KRW 10 million from the average price of KRW 2.6 million as requested by I at the final 435 square meters (i.e., KRW 4., KRW 4.35 square x KRW 2.6 million).

However, the defendant is more than the sale price requested by I.

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