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(영문) 인천지방법원 2017.11.08 2016가단46115
손해배상
Text

1. Defendant B’s KRW 65,00,000 as well as 5% per annum from October 5, 2016 to November 23, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 201, with respect to E No. 101 (hereinafter “instant real estate”), the sales contract (hereinafter “instant sales contract”) was prepared between D and Defendant B, with the seller D, the buyer, the Defendant B, the sales price of KRW 120,00,000 (payment of KRW 2,00,000 on the day of payment, intermediate payment of KRW 40,000,000 on the day of payment, payment of KRW 40,000 on August 30, 2011, the remainder payment of KRW 78,000,000 on September 23, 201).

The above sales contract was prepared between F on behalf of D and his mother who represented Defendant B, and D or Defendant B did not attend at the time.

B. After the above sales contract, G requested Defendant C who operates the “I Licensed Real Estate Agent Office” in Seo-gu Incheon Metropolitan City H to lease the instant real estate.

On September 5, 2011, Defendant B and the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, lessee, and deposit 65,000,000 won (payment on the day of contract deposit of KRW 35,000,000) with respect to the instant real estate as a broker between Defendant B and the Plaintiff (hereinafter “instant lease agreement”).

In the lease contract of this case, there was a special agreement that "a lessee confirms a certified copy of the register and registers all loans at the time of payment for the remainder," and that "a contract shall be entered into in the name of a buyer (attached to a copy of the contract)" is stipulated in B.

C. On September 5, 201, the Plaintiff directly remitted KRW 10,000,000 to Defendant B’s account, and KRW 25,000,000 on September 6, 2011, and on October 26, 2011, the Plaintiff wired KRW 30,000,000 to Defendant C’s brokerage assistant, and paid all of the deposit for lease.

On November 9, 2011, the Plaintiff moved to the instant real estate. D.

However, after the instant sales contract was concluded, G told D’s agent F to change the buyer from Defendant B to K under the instant sales contract, and accordingly, G entered into a sales contract on August 29, 201, stating the seller D and the buyer as K.

Since then, on November 9, 201, K is future with respect to the instant real estate.

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