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(영문) 광주지방법원 2019.11.20 2018가단534766
손해배상(기)
Text

1. The Plaintiff, Defendant B Co., Ltd., and Defendant C, D, and E Association, jointly with Defendant B Co., Ltd., and 16.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that newly built and sold 482 G officetels in the Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”).

B. On March 23, 2012, Defendant Company completed the registration of transfer of ownership on the instant project site to H Co., Ltd. (former I Co., Ltd.; hereinafter “instant trust company”) based on trust.

C. Defendant D’s brokerage assistant agent of Defendant D (hereinafter “Defendant D”) introduced that, around October 2015, the Plaintiff, who became aware of the Plaintiff’s new house of son, had the right to sell the said officetel directly from the Defendant Company, and could purchase the said officetel at a price lower than the normal sale price. On October 15, 2015, the Plaintiff concluded a sales contract for the said officetel J (hereinafter “instant officetel”) with the Defendant Company’s office for the sales price of KRW 5 million, and paid the said sales price to the Defendant Company as a check.

Since the sales contract in the name of the plaintiff was not valid in the sales contract with respect to the instant officetel, it was impossible to file a claim for the registration of ownership transfer with the instant trust company.

E. The Defendant E Association (hereinafter “Defendant Association”) is a mutual aid business entity which has concluded a mutual aid agreement guaranteeing liability for damages to the parties to a transaction by intention or negligence while acting as a broker by the Defendant E company, within the deductible amount.

[Ground] Defendant Company: Judgment by deeming confessions (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act); Defendant C, Defendant Corporation, Defendant Association: The absence of dispute; entry of evidence A1 through 6 (including each number; hereinafter the same shall apply); and the purport of the whole pleadings

2. According to the above recognition of the Defendant Company, the Defendant Company did not have an intention or ability to execute the instant sales contract.

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