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(영문) 서울중앙지방법원 2018.10.16 2018나9837
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. With respect to the sale of L apartment units newly constructed in Young-gu Gable block at Suwon-si, a management-type land trust contract was concluded between the truster K Co., Ltd. (hereinafter “K”), the trustee B Co., Ltd. (hereinafter “Defendant B”), and the Defendant C Co., Ltd. (hereinafter “Defendant C”), and the Defendant B supplied the said apartment units in the capacity of the implementer.

B. Co-Defendant D of the first instance trial (hereinafter “D”) received KRW 7.5 million around April 2015 and transferred to F the “occupant’s savings certificate” in his/her name, and F re-transfer the said occupant’s savings certificate to F via a real estate brokerage office.

C. On July 7, 2015, D entered into a sales contract with Defendant B and the above L Apartment H (hereinafter “instant apartment”) with the sales price of KRW 601,364,00 in total, and a sales contract with the sales price of KRW 40,94,00 in balcony expansion, etc.

(2) On the other hand, on July 17, 2015, KRW 60,136,400 of the sales price and KRW 4,000 of the sales price and KRW 4,00,00 of the sales price were paid to Defendant B in the name of D. The down payment actually received a deposit certificate in the name of D.

On March 31, 2016, the Plaintiff: (a) concluded a sales contract with the content of purchasing D’s right to sell the instant apartment unit sold in lots between D and D upon the introduction of N Licensed Real Estate Agent N of M real estate and D Licensed Real Estate AgentO of J real estate (i.e., KRW 64,136,400,000, premium of KRW 60,000 among the sale price (hereinafter “instant resale contract”); (b) transferred KRW 10,000,000,000, and KRW 58,000,000,000,000 in P account under the name of P on April 5, 2016, to the account under the name of P on April 6, 2016, and KRW 56,136,40,000,000, respectively.

E. The plaintiff is against the apartment of this case.

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