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(영문) 광주지방법원 2018.01.23 2016가단514669
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 48 million and as to this, 5% per annum from November 3, 2014 to June 29, 2016.

Reasons

1. Basic facts

A. Defendant B is a person who resells the right to sell the instant officetel No. 5211 (hereinafter “instant officetel”) on the land outside Seo-gu, a mining area, Seo-gu, and four parcels, and the Plaintiff is a purchaser.

B. Defendant C is a licensed real estate agent operating F Licensed Real Estate Agent located in the Gwangju Mine-gu, who has mediated the resale contract between the Plaintiff and the Defendant C with respect to the instant officetel.

C. On October 30, 2014, the Plaintiff transferred KRW 1,00,00 to Defendant C as the down payment under the resale contract, and on November 3, 2014, concluded a resale contract with Defendant B regarding the right to sell the instant officetel (hereinafter “instant resale contract”). On the same day, the Plaintiff paid KRW 46 million to Defendant B, and paid KRW 1,00,000,000 to Defendant C as the brokerage commission.

On March 23, 2012, the non-party company engaged in the business of selling the officetel built on the land of Seo-gu, Seo-gu, Gwangju, and four parcels, and entered into an international trust company (hereinafter “international asset trust”) with an international trust company (hereinafter “international asset trust company”) and a business agreement and an agency agreement based thereon.

(hereinafter “instant trust agreement”). The main contents of the agreement include: (a) the trust company manages the ownership of an officetel’s business site; (b) the officetel’s ownership is also managed by the trust company; and (c) only the trust company is authorized to sell an officetel and the sales price is not recognized to be deposited in the management account opened by the trust company; and (d) the sales contract without the seal of the trust company does not become effective.

E. The instant officetel site was owned by G and sold in the name of Nonparty Company on March 23, 2012.

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