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(영문) 의정부지방법원 2017.09.21 2017가단16051
손해배상(기)
Text

1. The Defendant shall pay KRW 51,720,00 to the Plaintiff the annual rate of KRW 15% from June 13, 2017 to the date of full payment.

Reasons

Facts of recognition

On January 11, 2007, 505, the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “instant building”) with the maximum debt amount of KRW 2.275 million was completed, respectively, on January 11, 2007, the registration of the establishment of a mortgage (hereinafter referred to as the “mortgage”) with the maximum debt amount of KRW 910 million, the maximum debt amount of KRW 910 million, the registration of the establishment of a mortgage, the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “mortgage”), the maximum debt amount of KRW 4550 million, and the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of each neighboring mortgage”).

ABD Co., Ltd. (hereinafter referred to as “NBD”) purchased on November 30, 2010 and completed the registration of ownership transfer in its name on December 1, 2010 after completing the registration of establishment of each of the instant buildings.

The Defendant, a licensed real estate agent, operated a licensed real estate agent’s office under the trade name of “D real estate,” and was engaged in the sales agency of the building of this case from around 201. On July 21, 201, the Defendant, who was a licensed real estate agent, stated to the Plaintiff on July 21, 201, that “3 the registration of the establishment of the establishment of the building of this case, which was set forth in 505 of the building of this case, was cancelled at the time of the transfer of registration,” and on behalf of the non-party company, concluded a sales contract where the non-party company sold 50,720,00 won (including the additional option cost of the multi-story structure, 3 million won) to the Plaintiff (hereinafter “instant sales contract”). At that time, the sales contract was concluded by the Defendant on behalf of the non-party company and received 5,1720,000 won from the Defendant.

After the Plaintiff fully pays 5,1720,000 won to the Defendant, the Plaintiff received the registration of ownership transfer on December 1, 201 with respect to 505 of the instant building.

Even after the registration was completed, the registration of creation of each of the following units of the instant building was not cancelled. On August 31, 2013, the Defendant prepared and delivered to the Plaintiff a letter of undertaking stating that “the Defendant is liable for property damage to the cancellation of the collateral security of 505 building of the instant case,” and around that time.

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