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(영문) 서울고등법원 2017.07.07 2016나2082578
약정금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff A's claim corresponding to the above revoked part is revoked.

Reasons

Basic Facts

The related defendant of the parties is the husband of the plaintiff A's ChocarD (the plaintiff A's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's husband's

Plaintiff

A Co., Ltd. (hereinafter referred to as the "Plaintiff Co., Ltd.") is a corporation established to engage in real estate development consulting business, etc., and E is a company director of the Plaintiff Co., Ltd. who represents the Plaintiff Co., Ltd.

Since November 2011, the Defendant promoted the sale of seven parcels and buildings on the land (hereinafter “instant real estate”) located in Gwangju-si I Sports Site (1,575 square meters, and seven lots and buildings owned by the Defendant. On November 8, 2011, the Defendant concluded an exclusive brokerage contract with the J Licensed Real Estate Agent Office and the J Licensed Real Estate Agent Office (hereinafter “instant real estate”).

Plaintiff

A, through theO, heard the novel that the Defendant is promoting the sale of the instant real estate and changed the purchaser of the instant real estate to E.

E was using the same office as it was at the time to introduce the instant real estate to F who was aware of the site for the apartment development project.

On October 31, 2013, F entered into a pre-sale contract with H, the owner of the instant real estate, to purchase the instant real estate in KRW 7.865 billion in L’s name.

However, on the grounds that H was unable to file a report on real estate transaction within 60 days at the time of the aforementioned prior sales contract, F and H concluded a fixed sales contract on the ground that H donated the instant real estate to his/her children around June 2014, and H and their children were to enter into a joint seller’s status within 10 days thereafter. The land sale price is KRW 6.8 billion, building price is KRW 6.5 billion, building price is KRW 1 billion, and building sale price is to be paid to their children.

(B) According to the above pre-sale contract and special agreement, H completed the transfer registration of shares based on each gift to D (Defendant’s wife) and N on May 8, 2014 with respect to 10/65 of the instant real estate on May 8, 2014.

After that, H, D, and N on May 19, 2014.

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