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(영문) 광주지방법원 2017.11.08 2016가단527375
매매대금반환
Text

1. The Plaintiff:

A. Defendant B’s KRW 44,00,000 and interest rate of KRW 15% per annum from November 12, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B sold No. 1010 of the Ftel located on the ground of Seo-gu, Seo-gu, Gwangju (hereinafter “instant officetel”) to the Plaintiff, and the Plaintiff is its purchaser.

Defendant C is a person who holds a licensed real estate agent’s license and operates a brokerage office under the trade name of “H Licensed Real Estate Agent Office” in Gwangju North-gu G, and Defendant D is a broker of Defendant C, and is a person who mediates a resale contract between the Plaintiff and the Defendant.

B. On September 30, 2015, the Plaintiff purchased the Ftel sales right of KRW 44 million as a broker of Defendant C and D.

On the same day, the Plaintiff deposited the down payment of KRW 2 million into the Defendant B account known by Defendant C, and deposited KRW 4 million into the Defendant C account.

On September 31, 2015, the Plaintiff, along with Defendant C, drafted a sales contract for the instant officetel (hereinafter “the instant sales contract”) with Defendant B at the sales office of the non-party Dondi City Development Co., Ltd. (hereinafter referred to as the “non-party company”) to prepare a written contract for the instant officetel.

In order to pay the remainder of KRW 42 million on February 17, 2016, the Plaintiff, along with the Defendants, remitted the remainder of KRW 42 million from the said sales office to the Defendant B’s account in the name of Defendant B.

C. On March 23, 2012, the non-party company entered into a sale management trust agreement with an international trust company (i.e., international asset trust company (i., a mutual change to an international asset trust company; hereinafter the same shall apply) while running the business of selling the Ftel on the Seo-gu, Gwangju and four parcels of land, where the construction company for the Maritime Affairs and the ASEAN Construction Co., Ltd. owns the company.

(hereinafter referred to as "the instant trust agreement"). The main content is that a trust company manages the ownership of an officetel business site, and if an officetel is newly constructed and registered for preservation in the future, the owner of the officetel is also managed by the trust company.

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