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(영문) 서울북부지방법원 2017.02.03 2016가단127500
해약금지급청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 15, 2016, the Plaintiff purchased from the Defendant’s brokerage in the amount of KRW 32,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

B. However, the apartment house purchased by C is not 202, 404, but 203, 404, and eventually, the defendant sold the apartment house to the plaintiff without being delegated the right of sale by others.

C. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 30 million with the resale price of the above apartment unit 202, 404, and KRW 24 million with the above apartment unit 203, 404,000,000,000,000,000,000 won for the above apartment unit 203, 404, as compensation for damages from the sale of rights by an unauthorized agent

2. According to the overall purport of evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, and 3, and the whole pleadings, the plaintiff knew that he/she purchased the right to sell an E apartment lot Nos. 202 and 404 in Gwangju-si and he/she was in charge of the purchase of the right to sell the apartment lot Nos. 1 through 5, 2, and 3,950,000 won, including down payment 3,250,000 won, 6,000 won, and 1,000,000 won, and the plaintiff knew that he/she was late and received the right to sell the apartment lot Nos. 39,50,000 won, including down payment, from the defendant and the real estate agent.

First, according to the facts of the above recognition as to whether the defendant is liable for damages due to the sale of another person's right, the defendant only concluded the above sale contract as a seller's agent, and thus, the plaintiff's assertion based on the premise that the defendant is a party to the above sale contract is without merit.

Next, as to whether the defendant is liable for damages as the unauthorized representative, the health unit B.

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