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(영문) 의정부지방법원고양지원 2015.08.27 2014가단41790
분양권매도원금반환
Text

1. The Defendant’s KRW 20,640,00 for the Plaintiff and the following: 5% per annum from November 14, 2014 to August 27, 2015.

Reasons

Facts of recognition

The defendant operates the D Licensed Real Estate Agent Office located in Seoyang-gu, Ilyang-si, Busan Metropolitan City C, 103, and E, from September 201 to September 201, using the name of "D Licensed Real Estate Agent E, the main owner of the D Licensed Real Estate Agent Office" without being registered in the above brokerage office.

The Plaintiff received a proposal from E to jointly purchase a F apartment 105 Dong 2901, a premium of KRW 18 million, and a sales contract of KRW 51.6 million and to make an investment by selling it again in a way of settling one-half of the profits. Accordingly, around October 10, 201, the Plaintiff provided E with a premium of KRW 9 million and KRW 25.8 million on December 1, 201.

E paid the above price to G, which is a seller of the right of sale, and E and G invested one-half each in order to purchase the sale right of the above F apartment and ordered G to purchase the sale right of the above F apartment from H, the buyer of the above F apartment.

On the other hand, when E was demanded by the Plaintiff to resell the right to sell in lots and return the investment amount, on January 31, 2012, E said D Licensed Real Estate Agent Office as the Plaintiff’s husband who represented the said D Licensed Real Estate Agent Office, stated that “I will give up the right to sell in lots, instead of selling it, provide the Plaintiff with the right to sell in lots, as it does not sell it, and prepare a cash storage certificate to pay KRW 30,80,000,000,000,0000,000,0000,000 won, excluding KRW 34,880,000,000,000.”

Accordingly, the Plaintiff received the said cash storage certificate from E, and waived the said sales right, and E reselled the said sales right on February 1, 2012, the next day, and returned KRW 1/2,58 million from G, and used it as another purchase fund for apartment sales right.

On the other hand, the plaintiff can exercise his/her right to sell in lots for the purpose of security against E because he/she can not reside in a rental apartment unless he/she satisfies certain qualifications as a contractor.

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