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(영문) 의정부지방법원 2020.01.15 2018가단136587
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant B is a company that runs the real estate sale and lease business, and Defendant C is a company that runs the housing and commercial building sale agency business.

B. On August 1, 2013, Defendant B, as the executor of the “E” (hereinafter “instant apartment”), which is a welfare facility for the elderly located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter “E”), delegated Defendant C with the sale of the instant apartment, such as consultation on the sale of the apartment, conclusion of a sales contract, etc., and Defendant C entered into a sales agency contract with the content of performing the sales agency business (hereinafter “instant sales agency contract”).

C. Meanwhile, on November 25, 2013, the Plaintiff, who was the owner of the said four detached houses and J roads on each of the said lands and the said lands (hereinafter “Plaintiff’s real estate”) on behalf of Defendant C and Defendant B, was the owner of the said four detached houses and J roads on each of the said lands.

The exchange shall be made with the Plaintiff’s real estate, but the exchange difference shall be KRW 140 million (the contract amounting to KRW 20 million, the remainder security loan, and the payment shall be made upon the receipt of the outstanding security loan; hereinafter referred to as the “exchange contract in this case”).

B. A contract deposit was concluded on November 25, 2013, and the remainder KRW 10 million on November 27, 2013 was paid respectively to Defendant C.

On the other hand, on November 25, 2013, the date of entering into the instant exchange contract, the Plaintiff and Defendant B’s broker set the supply amount of the Defendant’s real estate as KRW 388,130,000, and the sales contract of this case is “the sales contract of this case.”

This was concluded.

E. As to the Defendant’s real estate, on December 19, 2013, the registration of ownership transfer was completed on November 25, 2013 in the Plaintiff’s future on November 25, 2013, and on August 4, 2014, the registration of ownership transfer was completed on June 24, 2014, and thereafter, the registration of ownership transfer was completed in the N through M and Defendant C.

F. On May 14, 2015, the Plaintiff’s real estate was caused by sale and purchase on April 30, 2015.

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