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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The plaintiff who operates a real estate development business partnership D with the status of the party involved shall be as follows.
The buyer who entered into a contract of sale and purchase (hereinafter “instant contract”) and E is the husband of the Plaintiff.
Defendant B is the seller of the instant sales contract, and Defendant C mediated the instant sales contract with Defendant B’s children.
B. On February 20, 2013, the Plaintiff entered into the instant sales contract with Defendant C as a broker, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as follows: (a) concluded a real estate sales agreement with Defendant B on February 28, 2013; and (b) concluded the instant sales contract with the purchase price of KRW 160 million on February 28, 2013.
[Matters related to special agreement: ① The buyer and the seller verify all their rights and duties on the register as of the date of contract; ② the seller assumes and cancel the registration of establishment of a collateral security on the said real estate (the mortgagee: J., the maximum debt amount: 150 million won). Performance agreement (Won 160,000,000) shall be executed.
1. Applications for permission for real estate transactions shall be filed in cooperation between both parties;
In addition, the sale and purchase contract of the above real estate shall be implemented immediately on the basis of the contents of this agreement after obtaining permission for real estate transactions.
2.In setting up a collateral security on the land of this Agreement, only the full payment of the purchase and sale agreement amounting to one hundred million won.
3.Matters not mentioned in this Agreement shall be governed by the provisions of the relevant Acts.
4. Even if not included in the contents of this Agreement, the content made orally shall be fulfilled.
C. On February 26, 2008, with respect to each of the instant real estate, including borrowing money from Defendant C, the cancellation of the registration of creation of a neighboring mortgage, and the completion of the registration of establishment of a neighboring mortgage on January 5, 201, the debtor was completed on February 26, 2008, with the maximum debt amount of KRW 150 million for Defendant B and the mortgagee, and the registration of establishment of a neighboring mortgage on January 6, 201 to J on January 5, 201.