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(영문) 서울북부지방법원 2013.05.02 2012가합9311
손해배상(기)
Text

1. The Defendant’s KRW 19,672,131 and KRW 10,00,00 among the above money to the Plaintiff shall be KRW 19,672,131 and KRW 9,672,131.

Reasons

On December 10, 2010, the Plaintiff purchased a building of 127.6 square meters and above 4-ground (hereinafter “instant real estate”) from C and D as a broker of the Defendant who was not qualified as a licensed real estate agent and did not register the establishment of a licensed real estate agent.

In order to provide convenience for the Plaintiff’s loan, the Plaintiff and the seller entered the sales price in KRW 1.5 billion on the sales contract. The Defendant sold the instant real estate in KRW 950 million to the Plaintiff, and the seller said that the Plaintiff purchased KRW 850 million to the Plaintiff.

On the day of the contract, the Plaintiff delivered the down payment of KRW 50 million to the Defendant, and the Defendant paid the seller a total of KRW 150 million by adding the Defendant’s money to KRW 100 million, which he received from the Plaintiff as the down payment.

On February 1, 2011, the Plaintiff acquired and repaid a loan of KRW 300 million to the National Bank of Korea, which provided the instant real estate as security, and acquired the obligation to return the deposit of the said building, and KRW 200 million out of the remainder, shall be transferred to F, who is the husband of C, and KRW 240 million shall be transferred to the Defendant, and KRW 240 million shall be delivered to the Defendant, and KRW 90 million (= KRW 300 million, KRW 156 million, KRW 240 million) shall be paid to the Defendant, and the Defendant shall be paid KRW 10 million in the name of brokerage commission.

In settling the settlement of the purchase price with C, the Defendant paid 40 million won (i.e., KRW 850 million - KRW 156 billion - KRW 300 million - KRW 150 million - KRW 200 million - KRW 150 million - KRW 200 million - KRW 200 million - out of the remaining 200 million 20 million - the Defendant paid 150 million - 156 billion - 300 million - 200 million - 150 million - 200 million - 200 million 20 million - on behalf of the Defendant.

The defendant paid to the defendant 294 billion won = 50 million won in total, excluding brokerage commission, from among the amounts that the plaintiff paid to the defendant.

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