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(영문) 서울남부지방법원 2015.04.03 2014가합105807
손해배상청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2013, the Plaintiff entered into a sales contract with E to purchase KRW 47,000,000 of the F apartment units of Gangseo-gu Seoul Metropolitan Government 33 square meters (which was specified as 704 Dong 1102, supra; hereinafter “instant apartment units”) that he/she purchased from E and E., with E., to purchase KRW 33 square meters.

(hereinafter “instant sales contract”). B.

The Plaintiff paid 10,000,000 won for the contract deposit to E on the day of the contract, and 37,000,000 won for the remainder on September 3, 2013, respectively.

C. On November 11, 2013, the Plaintiff paid the sum of KRW 89,490,000 in the instant apartment sale contract amount and KRW 1,035,00 in balcony expansion down payment, and KRW 90,525,00 in the instant apartment sale contract amount.

In addition, the plaintiff paid 10,000,000 won to G, a E, a broker for the same day, under the pretext of repair.

Meanwhile, before entering into the instant sales contract, E filed a petition for bankruptcy with the Seoul Central District Court 2013Hadan8269 on August 14, 2013, which was prior to the conclusion of the instant sales contract, but did not notify the Plaintiff or the Defendants of such fact.

E’s trustee in bankruptcy (hereinafter “trustee in bankruptcy”) paid KRW 90,525,00 for the sales contract to E through E, with the knowledge of the fact that the Plaintiff paid the sales contract amounting to KRW 90,525,00 for E through E, and then cancelled the sales contract for the apartment of this case with E AP around February 2014.

After that, the trustee in bankruptcy received a refund of the sales contract and distributed it to the creditors.

[Basis] Facts without dispute, Gap's evidence 3 through 9, 11, 15 through 20, Eul's evidence 1, 4 through 7, Eul's evidence 8-1, 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s right to sell apartment units in this case is prohibited from resale for one year from November 5, 2013, which can be concluded under the Housing Act and the Seoul Metropolitan Area Readjustment Planning Act.

Nevertheless, Defendant C, a licensed real estate agent, violated his duties and notified the Plaintiff of the prohibition of resale.

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