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(영문) 수원지방법원성남지원 2016.10.05 2015가단32188
손해배상(기)
Text

1. The Defendants jointly share KRW 18,000,000 to the Plaintiff and Defendant B with respect thereto from November 26, 2015, and Defendant C.

Reasons

1. Facts of recognition;

A. On May 26, 2015, the Plaintiff entered into a sales contract with Defendant B with the terms that KRW 98,000,000 of the purchase price shall be KRW 301,50,000 for the wife E-dong 301 (hereinafter “instant real estate”), but the down payment of KRW 10,000,000 for the contract and the intermediate payment of KRW 40,000 for the contract shall be paid on May 27, 2015, and the remainder of KRW 48,00,000 for the purchase price shall be paid on June 23, 2015 (hereinafter “instant sales contract”). Defendant C arranged the instant sales contract as a licensed real estate agent.

The Plaintiff paid 50,000,000 won in total to Defendant B the down payment and intermediate payment.

At the time of the instant sales contract, the instant real estate was not completed.

B. Defendant D constructed a building including the instant real estate, and Defendant B purchased the instant real estate from Defendant D, and the completion of the instant real estate was not made so that the remainder payment stipulated in the instant sales contract would have been made, and registration of preservation of ownership was not completed.

C. The Plaintiff requested the Defendants to return the down payment and the intermediate payment upon requesting the rescission of the instant sales contract.

On November 18, 2015, Defendant C agreed that the Plaintiff shall be liable for KRW 50,000,000 if the completion of the instant real estate was not completed by the end of February, 2016.

On February 17, 2016, Defendant B paid KRW 55,000,000 to the Plaintiff up to March 31, 2016, but agreed to first repay KRW 5,000,000 among them up to March 11, 2016, and paid KRW 5,00,000 to the Plaintiff.

On April 1, 2016, Defendant B and D decided to cancel the instant sales contract to the Plaintiff, and drafted a written confirmation to return KRW 55,000,000,000. Defendant D paid the Plaintiff KRW 50,000,000 to the Plaintiff on the same day by April 30, 2016, and paid the Plaintiff KRW 15,00,000,000 to the Plaintiff on the same day.

Defendant D, May 4, 2016, 35,000, until May 20, 2016, to the Plaintiff.

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