(영문) 대구지방법원 2019.09.25 2018가단143599

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(영문) 대구지방법원 2019.09.25 2018가단143599

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 26, 2013, the Plaintiff entered into a contract with the Korea Land and Housing Corporation to purchase real estate listed in the separate sheet (hereinafter “instant apartment”) at KRW 245,793,00 (which was reduced to KRW 227,857,00).

B. The Plaintiff requested the Defendant, a licensed real estate agent, to mediate the transfer of the above sales right.

As of June 26, 2016, the Defendant concluded a resale contract with the transferee as of June 26, 2016, and issued it to the Plaintiff.

(hereinafter referred to as the “instant contract”) under the said resale contract; (c)

After that, as the market price of the apartment of this case increases rapidly, the plaintiff refused to change the name of the purchaser by taking into account the validity of the contract of this case, the large amount of money, the execution period, etc.

The defendant filed a lawsuit against the plaintiff and sentenced that "the plaintiff shall be paid the remainder of KRW 24,00,000 from the defendant and repaid the apartment of this case, and the defendant shall perform the procedure for changing the name of the buyer on the ground of the contract of this case."

(Supplementary Assistance to Daegu District Court 2015Gahap1490). The Plaintiff filed an appeal (Seoul High Court 2015Na24509) and the appeal (Supreme Court 2016Da230935) but all of the appeals were dismissed, and the said judgment became final and conclusive.

The plaintiff completed the registration of ownership transfer on July 12, 2016, which was pending in the appellate court of the lawsuit for change of the name of the above buyer, and completed the registration of ownership transfer on the apartment of this case.

The defendant filed a lawsuit against the plaintiff for the registration of ownership transfer and received KRW 155,857,00 from the defendant, and at the same time, performed the procedure for the registration of ownership transfer on June 26, 2013 with respect to the apartment of this case as to the defendant.

(Seoul District Court 2016Kadan126484). The Plaintiff’s appeal (Tgu District Court 2018Na303613) and the Supreme Court of Korea’s appeal.

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