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(영문) 부산지방법원 2015.02.05 2014가단23245
매매대금반환
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 60,000,000 and a rate of 20% per annum from April 3, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. Defendant C, a licensed real estate agent, operates a real estate agent office in the name of “F” on the third floor of Busan Dong-gu E, and Defendant D is Defendant C’s brokerage assistant.

B. On November 23, 2010, Defendant B acquired 3/10 shares out of the instant real estate and 7/10 shares out of the instant real estate, respectively, in the compulsory auction procedure with respect to No. 501 of the fifth floor of H building No. 5 (hereinafter “instant real estate”).

On the other hand, regarding the instant real estate on November 23, 2010, the registration of creation of a mortgage, which is the maximum debt amount of KRW 260,000,000,000, the debtor B, and the debtor B, the mortgagee of the right to collateral security, was completed on December 20, 2010, and the registration of creation of a mortgage, which is the debtor B, the debtor B, and the debtor B, and the Seocho-dong Saemaeul Community Depository, respectively.

C. On May 25, 2011, the Plaintiff entered into a sales contract with Defendant D to purchase the instant real estate in KRW 105,000,000 (hereinafter “instant sales contract”) with Defendant D, who was delegated the authority to enter into a sales contract for the instant real estate by Defendant C at the real estate brokerage office (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

The down payment of KRW 20 million shall be paid on the date of the contract, and the remainder of KRW 85 million shall be paid on July 30, 201.

As of July 30, 2011, the date of completion shall be the limit of 1-2 months as of the date of completion to the buyer, and the seller shall make a provisional registration at the time of paying any balance on July 30, 201.

Although the right to collateral security was established on the instant real estate, it would be settled at the time of balance.

Defendant D affixed the seal of the trade name “F Defendant C” in the broker column of the instant sales contract.

E. On May 25, 2011, the Plaintiff remitted KRW 20 million to an account under the J’s name, which Defendant D notified as down payment, to Defendant B, and paid KRW 15 million as part of the remainder to Defendant B on July 29, 201, and 2011.

8.2. Defendant B paid 25 million won, part of the remainder.

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