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(영문) 서울북부지방법원 2015.11.12 2013가합724
손해배상(기)
Text

1. As to Defendant E’s KRW 109,482,867 and its KRW 50,000 among them, Defendant E shall be from July 11, 2008, KRW 25,000,000.

Reasons

1. Basic facts

A. On May 10, 2008, the Plaintiff entered into the instant sales contract with Defendant E, who referred to as Defendant F’s agent from H real estate located in Gangnam-gu Seoul Northern District as of May 10, 2008 (hereinafter “instant real estate”).

A) The sales contract to purchase KRW 170 million (hereinafter “instant sales contract”) is called “instant sales contract.”

(2) In relation to the instant sales contract, the Plaintiff entered into a sales contract with Defendant F, the seller’s agent, Defendant E, the buyer, and the seller’s selling price of KRW 190 million. (2) In relation to the instant sales contract, the Plaintiff delegated Defendant F with Defendant E all of his/her authority regarding the conclusion of the instant real estate sales contract, the down payment and intermediate payment, and the remainder payment. The Plaintiff was issued with the power of attorney as of May 3, 2008.

B. The Plaintiff paid a total of KRW 5 million by December 15, 2008, including deposit of KRW 10 million in the passbook in Defendant F’s name for the purpose of the purchase price, KRW 10 million on May 12, 2008, KRW 19 million on May 19, 2008, KRW 30 on June 30, 2008, KRW 10 million on July 2, 2008, KRW 10 million on July 2, 2008, KRW 5 million on July 11, 2008, and KRW 5 million on December 15, 2008.

C. The registration of preservation of ownership in the name of Defendant F was completed on February 6, 2009 with respect to the instant real estate, and the approval was granted from the competent authority on February 6, 2009, and the registration of preservation of ownership in the name of Defendant F was completed on the same day by the receipt of the Dobong District Court Decision 7169.

Defendant E, on February 2009 (or around March 2009), issued to Defendant F a written waiver that “Defendant E waives all delegation rights with respect to the instant real estate site,” and collected various construction costs and profits from receiving community credit cooperatives, down payment, intermediate payment, etc., and actively cooperates in finishing work such as handling the balance due to the remainder of the debt owed to Defendant F.”

E. This case No. 1.

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