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(영문) 서울중앙지방법원 2016.12.21 2015가단5350354
손해배상(기)
Text

1. Defendant B’s KRW 70,000,000 as well as 5% per annum from January 1, 2015 to November 6, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B as a licensed real estate agent, operated the real estate brokerage office under the trade name of Guro-gu Seoul Metropolitan Government Licensed Real Estate Agent Office.

B. The Plaintiff owned C-dong No. 208 (hereinafter “instant real estate”) from among the three-story row housing of the steel bars C-dong C-dong, which was built on the land outside Guro-gu Seoul, Guro-gu, and two lots. On April 2011, the Plaintiff requested Defendant B to sell the said real estate and intermediate the sale thereof.

C. On May 5, 2011, the Plaintiff and Nonparty F sold the instant real estate in KRW 240 million between the Plaintiff and Nonparty F, but the down payment of KRW 20 million is KRW 160 million when entering into a contract, an intermediate payment of KRW 160 million is the buyer’s acceptance of the obligation to collateral security established on the instant real estate; the remainder of KRW 60 million is paid on June 21, 201; and a real estate sales contract was entered into with a third party designated by the buyer (hereinafter “the first sales contract”).

The Plaintiff, in the future, signed and sealed the blank contract, blank delegation letter, and blank receipt necessary to resell the instant real estate to the third party.

On May 20, 2011, the Plaintiff agreed to the first sales contract because it is difficult for the buyer to raise the balance, and the Defendant B concluded a sales contract to sell the instant real estate to G for KRW 290 million (hereinafter “the second sales contract”).

E. The Plaintiff was holding the down payment of KRW 20 million received from Defendant B at the time of the first sales contract, and received the remainder of KRW 60 million after the second sales contract, and completed the registration of ownership transfer in the name of G on June 21, 201.

F. Meanwhile, Defendant B determined the guaranteed amount of KRW 100,000,000 as between Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) and Defendant B’s act of mediating real estate.

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