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(영문) 의정부지방법원 고양지원 2018.06.27 2017가단92072
손해배상(기)
Text

1. Plaintiff (Counterclaim Defendant) B: (a) KRW 148,500,000 to Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from January 24, 2018 to February 19, 2018.

Reasons

1. Basic facts

A. The plaintiffs are women, and the defendants are married couple.

Defendant C is a licensed real estate agent, and part of the F ground buildings owned by the Plaintiff C, the husband of the Plaintiff A, and the husband of the Plaintiff B, and operated the real estate brokerage office at the same time.

B. On January 21, 2015, Plaintiff A, as a broker of Defendant C, purchased the land and the building on the ground (hereinafter “real estate 1”) from G for KRW 18 billion (hereinafter “the first sale contract”), and the down payment of KRW 10 million is agreed to pay KRW 38 million on the date of the contract, the intermediate payment of KRW 38 million on February 16, 2015, and the remainder of KRW 60 million on March 20, 2015; and ② purchase of the land and the building at Suyang-si Jin-si (hereinafter “second real estate”) at KRW 76,50,000 (hereinafter “the second sale contract”), the down payment of KRW 26.5 million on the date of the contract, the intermediate payment of KRW 26.5 million on February 16, 2015, and the remainder of KRW 36.5 million on March 20, 2015.

Plaintiff

A paid KRW 10 million to G and I on the date of the above contract, which is the down payment of the first and second sales contract.

C. On January 27, 2015, Plaintiff B purchased K land and buildings (hereinafter “third real estate”) from Defendant D from Defendant D as a broker of Defendant C, for KRW 165 million (hereinafter “third sale contract”), and agreed to pay KRW 165 million on the date of the contract, and the remainder KRW 148.5 million on April 30, 2015, which is the delivery date of real estate.

Plaintiff

B paid the down payment of KRW 16.5 million to Defendant D on the day of the contract.

Of the real estate Nos. 1 and 2, the Seoyang-gu L (hereinafter “L”) which is adjacent to the boundary line of each land was used as an access road to the real estate Nos. 1 and 2. After the conclusion of the first and second sales contract, the lessee of the second real estate began to install a container in the L land and occupy the land.

E. The Plaintiff A is unable to use the L land to G and I via Defendant C.

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