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(영문) 광주지방법원 2017.12.12 2016가단513734
손해배상(기)
Text

1. Defendant C is 5% per annum from September 7, 2006 to December 12, 2017 with respect to KRW 41.5 million to the Plaintiff.

Reasons

1. Basic facts

A. The 3304m204m2 (hereinafter “instant real estate”) is owned by E.

B. As to the instant real estate on September 6, 2006 between the Plaintiff and E, “The instant sales contract (Evidence A 2) of this case, in which the purchase price is KRW 180 million, is stated as KRW 100 million, but the actual purchase price is KRW 130 million.” The sales contract was concluded between the Plaintiff and the Plaintiff and the Plaintiff, the seller, and the sales price for KRW 130,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

C. The plaintiff on September 6, 2006

9.7. After paying to Defendant B the purchase price of the instant real estate in KRW 130 million during the period of seven.

9.7. Receiving the registration of ownership transfer in its name.

Defendant B paid 130 million won to Defendant C around that time.

E. Meanwhile, Defendant C, a licensed real estate agent, requested E to sell the instant real estate with the sales amount of KRW 47 million. After concluding the instant sales contract with Defendant B with the sales amount of KRW 130 million, Defendant C, a real estate agent, paid KRW 47 million, including the repayment of the collateral security obligation to the instant real estate, and deducted KRW 1 million from the brokerage commission for the instant real estate.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 8, 11, Eul evidence 1, witness E's testimony and purport of whole pleading

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the sales contract of this case was concluded by Defendant B, the buyer, and Defendant C, the seller, respectively, by acting as a licensed real estate agent. The Defendants conspired to act as the seller in collusion for the sales amount of KRW 47 million.

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