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(영문) 춘천지방법원 2018.06.26 2017가단5030
부당이득금반환 및 손해배상
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claims against the defendant C and D are all dismissed.

3...

Reasons

1. Basic facts

A. On June 8, 2016, the instant sales contract and the instant loan change E entered into a sales contract with Defendant B as a broker of Licensed Real Estate Agent F, setting the two-Dong 303 (hereinafter “instant loan”) of the G building from Defendant B at KRW 1.3 million (hereinafter “instant sales contract”), and paid KRW 43 million out of the sales price.

Defendant B completed the registration of ownership transfer on the instant loan on December 29, 2016, and completed the registration of ownership transfer on the instant loan to Defendant D on the same day.

B. The Plaintiff and E, which established the previous lawsuit and the instant conciliation, asserted that the instant sales contract was impossible to perform because the ownership transfer registration of the instant loan was completed in the future of Defendant D, due to the cause attributable to F and Defendant B, and filed a lawsuit against F and Defendant B seeking penalty (hereinafter “previous lawsuit”) against F and Defendant B as the court 2017Kadan196.

The purport of the previous lawsuit is that “Defendant B and F shall jointly and severally pay to the Plaintiff and E the amount of KRW 98 million with 5% interest per annum from December 6, 2016 to the delivery date of the complaint, and 15% interest per annum from the next day to the day of complete payment,” and the cause of the claim is as shown in the attached Form.

On May 2, 2017, during the previous litigation, the voluntary conciliation between the Plaintiff, E, and Defendant B, F, and Defendant Mediation Intervenor H was constituted as follows:

(hereinafter “instant conciliation”) On January 1, 201, Defendant B, F, and the Intervenor H (hereinafter “Defendants”) specified and sell the Plaintiff Nos. 2, 303 of the G Building No. 303 (hereinafter “instant real property”) to the Plaintiff at KRW 98,00,000 in the purchase price, and the Plaintiff A purchases it.

(2) On June 30, 2017, Plaintiff A shall pay to Defendant B, F, and Mediation Intervenor the balance of the purchase price, KRW 5 million until June 30, 2017.

43 million won has already been paid out of the purchase price.

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