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(영문) 서울중앙지방법원 2018.06.21 2016가단5108871
손해배상(기)
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and their respective claims against the Defendants.

Reasons

1. Basic facts

A. On July 10, 2015, the Plaintiff entered into a sales contract with Defendant B to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) with the purchase price of KRW 630 million (hereinafter “instant sales contract”). On October 2, 2015, the Plaintiff completed the ownership transfer registration on the instant real estate under the name of the Plaintiff on July 10, 2015 (hereinafter “instant transfer registration”).

B. The Plaintiff: (a) paid KRW 10 million out of the sales contract amount of KRW 63 million to Defendant B on the date of the contract; (b) paid KRW 20 million on July 10, 2015; and (c) KRW 43 million on July 17, 2015; and (b) agreed to pay the intermediate payment of KRW 100 million on September 15, 2015; and (c) agreed to pay KRW 467 million on October 12, 2015 to Defendant B on the remainder of KRW 467 million on September 15, 2015; (d) the buyer succeeds to the key money for lease on a deposit basis; and (e) the remainder of the money may be adjusted with the date of the lease contract.

C. After that, the Plaintiff and Defendant B concluded a lease agreement with the Plaintiff to lease the instant real estate from the Plaintiff on October 2, 2015 and paid KRW 230 million to the Plaintiff as the deposit money in lieu of the payment of the purchase price. As to the remaining KRW 237 million, the Plaintiff and Defendant B paid KRW 94 million as the collateral after the Plaintiff completed the registration of the transfer of the instant real estate, and paid KRW 140 million as the lease deposit to the existing lessee by the Plaintiff.

Defendant C (E) is a real estate intermediary entrusted by Defendant B (seller) and a real estate intermediary entrusted by the Plaintiff (Buyer) is Defendant D (F Licensed Real Estate Agent) and a person who actually performs real estate brokerage for the Plaintiff is affiliated with the said F Licensed Real Estate Agent.

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