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1. The Defendant’s KRW 73,500,000 as well as 5% per annum from February 28, 2017 to December 22, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A. On March 23, 2012, 2012, the Dondi City Development Co., Ltd. (hereinafter referred to as “execution company”) engaged in the business of selling Dtels (hereinafter referred to as “instant officetels”) to be constructed in Seo-gu, Seo-gu, Gwangju (hereinafter referred to as “instant land”). On March 23, 2012, the International Trust Co., Ltd. (hereinafter referred to as “trusts”) entered into a trust agreement with an International Trust Co., Ltd. (hereinafter referred to as “instant trust agreement”) for sale management (hereinafter referred to as “instant trust agreement”), and its main contents are as follows.
Article 3 (Transfer of Ownership and Registration of Trust) (1) The executor shall, without delay after entering into a trust contract, complete the registration of transfer of ownership and the registration of trust in the future of the truster.
(2) Where a building on the instant land is completed, the executor shall make an additional trust with the registration of ownership preservation at the same time as the registration of ownership preservation in the name of the executor of the completed building after undergoing the inspection of ownership.
Article 6 (Revenues from Sale) A trustr shall use proceeds from sale in the account for the management of proceeds from sale in accordance with a business agreement and an agency contract for the sale in lots.
B. On March 23, 2012, the executor of the instant land completed the registration of ownership transfer on the grounds of each of the trust on the same day, and the trust deed of this case was publicly announced in the original trust register.
C. 1) The Defendant is a licensed real estate agent operating the E Licensed Real Estate Agent Office in Gwangju Mine-gu. On April 13, 2015, the Plaintiff purchased the sales right of the instant officetel 534 from the Defendant in KRW 50,000,000, and paid KRW 2,000 on the same day the down payment was paid, and KRW 48,000,000 on April 18, 2015. However, the sales contract written with respect to the instant officetel 534 was written without stating the trust company and entered as the deposit account owner of the sales price as the executor.
1. The Plaintiff on April 24, 2015.