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(영문) 의정부지방법원고양지원 2015.11.25 2015가단4347
손해배상(기)
Text

1. The Defendants jointly share KRW 18,200,000 to the Plaintiffs and Defendant C and D with respect thereto from February 25, 2015.

Reasons

1. Facts of recognition;

A. Defendant C is a licensed real estate agent operating the F Licensed Real Estate Agent Office in Jongno-gu Seoul E and Subdivision, Defendant D is a broker assistant of the above licensed real estate agent office, Defendant Association is a mutual aid business entity established to guarantee the broker’s liability for damages. Around March 7, 2014, Defendant C entered into a mutual aid agreement with Defendant C during the period of mutual aid from March 8, 2014 to March 7, 2015.

B. On October 13, 2014, the Plaintiffs concluded a sales contract by stipulating that KRW 265 million shall be paid on October 27, 2014 and KRW 165 million in the intermediate payment, KRW 74 million shall be paid on November 27, 2014, and KRW 165 million shall be paid on November 24, 2014 (hereinafter “first sales contract”), and the Plaintiffs paid KRW 26 million in the same day the down payment and KRW 75 million in the intermediate payment on October 27, 2014, respectively.

C. On October 22, 2014, the Plaintiffs entered into a sales contract with Defendant C and D, by stipulating that the amount of I’s shares in the sales price of KRW 50 million, KRW 50 million, shall be paid respectively on December 1, 2014 at the time of the contract, and that the remainder of KRW 450 million shall be paid respectively on December 1, 2014 (hereinafter “the second sales contract”).

The plaintiffs paid the full purchase price to I, and completed the transfer registration on December 1, 2014 with respect to the subject real estate of the second sale contract.

E. The Plaintiffs paid KRW 50 million out of the remainder under the First Sales Contract, and did not pay the remainder of KRW 150 million. G sent to the Plaintiffs on December 22, 2014, a certificate of content indicating the intent to cancel the First Sales Contract, and around that time, the content certification reached the Plaintiffs.

F. By December 29, 2014, the Plaintiffs did not pay the remainder of KRW 115 million to G until December 29, 2014, and thus, the first sales contract was terminated.

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