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(영문) 서울중앙지방법원 2016.06.22 2015가단119336
손해배상(기)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 30, 201, Nonparty D entered into a sales agreement with Nonparty D to purchase F apartment house 120 dong 20 dong 202 (hereinafter “instant apartment”) with the total supply amount of KRW 463,190,000 (the contract deposit amount of KRW 25,000,000, the first intermediate payment exemption, the second or sixth intermediate payment exemption, and the second or sixth intermediate payment from April 17, 2012 to December 17, 2013, respectively, with the purchase amount of KRW 46,320,00,000 from April 17, 201 to December 17, 2013.

B. D paid down payment of down payment of KRW 25,00,000 and the second intermediate payment of KRW 46,320,000, out of the sales price of the instant apartment, and delayed payment of the sales price after the date of the third intermediate payment.

C. On September 27, 2014, Plaintiff A concluded a sales contract with Nonparty D to purchase the real estate sales right of this case as a broker of Nonparty D and paid the down payment amounting to KRW 410,00,000 (contract amounting to KRW 41,00,000, intermediate payment of KRW 32,000,000 on October 7, 2014, and the remainder amount of KRW 337,000 on October 31, 2014, and the main contents are as follows.

1. The state of the payment of down payment and the second intermediate payment among the sale prices in lots;

2. The buyer shall deposit the purchase price directly into the account for payment of the sale price, and the seller shall pay the sale price and the outstanding interest until the balance is settled.

3. The seller shall serve as a cooperation key for the buyer to conclude the lease contract, and at this time, the lease contract which is received shall revert to the seller in advance of the sale; and

D. On October 7, 2014, Plaintiff B entered into a lease agreement with Nonparty D and the instant apartment, with a deposit of KRW 320,000,000 for the lease deposit (a deposit of KRW 32,00,000,000 until October 31, 2014, and the remainder of KRW 28,800 until October 31, 2014) and paid the down payment. The main contents are as follows.

1. As of the date of the contract, the sale contract is in progress, and the lease contract shall be succeeded to the buyer.

2. A lessor shall repay the full amount of a loan on the outstanding date, and shall obtain a prior loan to a tenant;

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