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(영문) 광주지방법원 2018.04.03 2017가단517177
공제금
Text

1. The Defendant: (a) on September 12, 2017 to April 2018, 2010 to Plaintiff A; (b) 33 million won to Plaintiff B; and (c) on each of the said money.

Reasons

1. Facts of recognition;

A. On the Seo-gu, Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”), a b&D city development company (hereinafter “b&D city development”) newly built and sold a Dtel with the size of 13 floors above ground and 13 floors above.

B. The Plaintiffs, under the trade name of “E Licensed Real Estate Agent”, introduced that the above officetels may be purchased from F Licensed Real Estate Agent F who runs the real estate brokerage business at a price lower than the normal sale price. The Plaintiffs entered into an officetel sales contract with the development of L&D city as follows (hereinafter the instant sales contract) and remitted the sales price and the commission to F.

1) On November 2, 2015, Plaintiff A: (a) written contract for the sale of an officetel of KRW 1130 and KRW 68,544,00 for an officetel of KRW 1136: Provided, That the actual sale price shall be determined at KRW 5,5 million, respectively; (b) from October 21, 2015 to November 2, 2015, the sale price of KRW 11,100,000 ( KRW 5,000,000 and KRW 1,100,000 won for the total of KRW 1,50,000 won for the sale of an officetel of KRW 130 and KRW 1136; and (c) on December 3, 2015, Plaintiff B (2) on the execution date of the contract for the sale of an officetel of KRW 1207,636,500,000 for the sale of an office building of KRW 505,5050,0505.

C. However, prior to the conclusion of the instant sales contract, L&D urban development concluded an entrustment contract with the International Asset Trust Co., Ltd. (hereinafter “trustee Company”) and completed the registration of ownership transfer on March 23, 2012 for the instant project site to the trustee company on the ground of trust.

The instant officetels 1130, 1136, and 1207 also included the instant officetel 1130, 1136, and 1207, on November 5, 2013, following the completion of registration of preservation of ownership in the name of n&D city development due to the commission of registration of provisional seizure, and on May 28, 2015, the trustee company on April 14, 2015.

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