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(영문) 인천지방법원 2015.08.20 2014가단19942
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. Defendant B’s assertion 1 against Defendant B and C on October 31, 2003, Defendant B from the Korea National Housing Corporation on October 31, 2003, Bupyeong-gu Incheon E apartment 101 Dong 1405 (hereinafter “instant apartment”).

The right to preferentially sell the apartment of this case (hereinafter referred to as the “right to sell the apartment of this case”) after the lapse of five years from the date of occupancy.

(2) On July 26, 2005, the Plaintiff acquired the right to sell the instant apartment without the consent of the Korea National Housing Corporation. On July 26, 2005, the Plaintiff entered into a contract with Defendant B and C to acquire the right to sell the instant apartment under the intermediation of the Plaintiff’s broker G, and the Plaintiff’s broker. The Plaintiff wired F with the name of the premium KRW 10 million on the day of the contract, and KRW 49 million on August 30, 2005. However, on November 30, 2007, the Korea National Housing Corporation terminated the lease agreement entered into with Defendant B on the ground that Defendant B transferred the right to lease of the instant apartment without the consent of the Korea National Housing Corporation, and Defendant B lost the right to sell the instant apartment. Since the instant contract concluded between the Plaintiff, Defendant B and C was impossible to perform, the Defendants have a duty to return to the Plaintiff the right to sell the instant apartment to each of the parties, including the content of the ownership transfer agreement, with the purchaser’s “each of the title transfer.”

Since the obligation to transfer the above ownership was impossible, Defendant B and C are worth 59 million won for the premium suffered by the Plaintiff.

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