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(영문) 대전지방법원천안지원 2016.08.10 2016가단1966
손해배상금
Text

1. The Defendant’s KRW 72,665,752 and KRW 37,020 among the Plaintiff’s KRW 77,020 and KRW 35,645,752 from June 9, 2016.

Reasons

1. Indication of claim;

A. On May 20, 2013, the Defendant entered into a contract with C to sell the land and the building on the land and the building on the land in Yannam-gu, Chungcheongnam-gu, Seoul, as a broker assistant, and received the down payment and the intermediate payment of KRW 50 million from C.

B. However, the above real estate was owned by the defendant's as the ownership of the defendant's trust network E, and thus, the defendant could not transfer the ownership to C alone because the waiver of inheritance by co-inheritors became final and conclusive. Co-inheritors disposed of the above real estate to a third party.

C. C filed a lawsuit against the Plaintiff and the Korea Licensed Real Estate Agent Association, including mutual aid funds, and received KRW 72,665,752 from the Korea Licensed Real Estate Agent Association according to its judgment.

The Korean Licensed Real Estate Agent Association requires the Plaintiff to pay the indemnity amount of KRW 72,665,752, and the Plaintiff paid KRW 37,020,000 among them until June 9, 2016, and the unpaid balance is KRW 35,645,752.

E. The Defendant is obligated to pay to the Plaintiff the amount of KRW 72,65,752 and KRW 37,020,000 among them, 15% per annum from June 9, 2016 to the date of full payment, and from June 26, 2016 to the date of full payment to KRW 35,645,752.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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