beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 15, 2017, the Plaintiff asserted that the Plaintiff entered into a sales contract to sell the instant real estate in KRW 690 million as a broker of Defendant C with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Plaintiff. As the Defendant C agreed to guarantee the amount of the purchase price on the outstanding payment date, the Plaintiff re-established a sales contract to KRW 640 million.
Since the Plaintiff completed the registration of ownership transfer on the instant real estate on February 28, 2017, Defendant B did not pay the remainder of KRW 80 million, Defendant B is obligated to pay the remainder of the outstanding amount and delay damages to the Plaintiff. Defendant C is obligated to pay the difference between the purchase price and KRW 50 million, which is the difference between the purchase price and the delay damages.
2. Determination:
A. According to the evidence Nos. 1 and 2 as to Defendant B’s claim, each of the following facts are acknowledged: (a) a sales contract between the Plaintiff and Defendant B with a purchase price of KRW 690 million for the instant real estate and a sales contract with a purchase price of KRW 640 million, respectively.
However, according to the evidence No. 3 and No. 1 and No. 3, in addition to paying the down payment to the Plaintiff KRW 50 million, Defendant B paid the remainder of KRW 117,687,678 after acquiring the existing loan and KRW 117,000,000,000,000,000 for lease deposit and KRW 112,322,000,000,000,000 for lease deposit, and the payment of the purchase price has been completed in full. Accordingly, it is recognized that the Plaintiff completed the registration procedure for transfer of ownership of the instant real estate before Defendant B on February 28, 2017. Accordingly, it is reasonable to deem that the actual agreed purchase price as to the sales contract concluded between them is KRW 560,00,000.
Therefore, the Plaintiff’s assertion that there exists any balance to be paid by Defendant B to the Plaintiff and the amount reaches KRW 80 million.