beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a licensed real estate agent who runs the real estate brokerage business under the name of “G” from the F in Silsi-si.
B. On January 20, 2016, the Defendant concluded a sales contract with C, D (hereinafter “C, etc.”) on the condition that the Plaintiff would sell the instant unregistered buildings, which are owned by C, etc. (hereinafter “instant land”) and the unregistered buildings on the land (hereinafter “instant unregistered buildings”) as a total of KRW 2 billion, between the Plaintiff’s brokerage and C, etc. (hereinafter “C, etc.”).
C. The court of first instance rendered judgment on January 9, 2018 to the effect that “The part concerning the unregistered building of this case among the sales contract of this case is in an original impossibility of the obligation of C, etc. to enable the Defendant to acquire ownership by restoring or constructing the building register of this case, and that the entire sales contract of this case is null and void in accordance with the legal principles of partial invalidation. As the entire sales contract of this case becomes null and void, there is no obligation of C, etc. to pay the Defendant, etc. to the Defendant in relation to the sales contract of this case to the Defendant, including down payment of down payment 20 million won, intermediate payment of KRW 200,000, KRW 2000, KRW 2000,000, KRW 4000,000,000, and damages for delay after each due date is exceeded”.
The conciliation was concluded between C, etc. and the defendant in the appellate court (Seoul High Court 2018Na2010430, 2018Na201047 (Counterclaim)) related to the instant lawsuit. The main contents of the conciliation provisions are as follows.
C, etc. shall be jointly and severally paid to the Defendant KRW 640,00,000,000, which shall be paid to the Defendant until January 9, 2019, and the remainder of KRW 240,000,000 shall be paid until January 15, 2019.
4. C, etc. and the defendant shall waive their respective remaining claims.