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(영문) 서울중앙지방법원 2019.04.18 2018가단5095535
손해배상(기)
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from May 18, 2018 to May 25, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a real estate broker registered and operated by the real estate brokerage office under the trade name of C, and D has worked as a director and an actual assistant at the above office.

The defendant is the person who "D was employed as the employee of the defendant's real estate office" in the written reply.

B. On December 13, 2015, the Plaintiff entered into a sales contract with Nonparty E to purchase one parcel of land and its ground (the ground floor and the first floor: the public restaurant, etc., the second and fifth floor: the inn, and the hereinafter “Gel”) other than the F site in Suwon-si, Suwon-si, Suwon-si, for KRW 2.35 billion (hereinafter “instant sales contract”).

C. On the date of the above contract, the Plaintiff paid KRW 150 million to Nonparty E as the down payment out of the above purchase price, and paid KRW 300 million out of the remainder to Nonparty E on December 30, 2015, and the remainder KRW 1.9 billion was the Plaintiff’s acceptance of the loan obligation of Gamos.

1. The seller, as of the date of the conclusion of the contract, assumes to the Plaintiff and the broker that the seller does not have any process of litigation, auction, notice or notice related to limitation of ownership from a third party, exercise of lien, disposition of good conduct, etc., other than the copy of the register of the real estate (this refers to Gela) marked as of the date of the contract, and concludes this contract.

10. Even after the payment of any balance is made, if business suspension or administrative fine is imposed on illegal matters prior to the expiration of the term of lease between the present lessee and the seller, the expenses and liability arising therefrom shall be borne by the seller.

Therefore, in the event of business suspension, it is necessary to pay to the Plaintiff the monthly rent for two months (26 million won) or the fine for negligence imposed by the seller.

14. A seller is obligated to succeed to the current lessee’s current lessee’s business license even after the remainder payment is made, and actively cooperates with the seller (such as the provision of necessary documents or the joint attendance at the government office).

In this case.

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