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1. The Defendant (Counterclaim Plaintiff) and the Defendant Licensed Real Estate Agent Association jointly share with the Plaintiff (Counterclaim Defendant) KRW 680,000 and KRW 680.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. Defendant B is a licensed real estate agent operating the “C Licensed Real Estate Agent Office,” and the Defendant Association is the mutual aid business entity of Defendant B.
B. On March 2016, the Plaintiff entered into a contract for the resale of the purchase of E’s ownership of D Apartment 942 Dong 501 (hereinafter “instant apartment”) with the broker of Defendant B (hereinafter “instant resale contract”) to purchase the purchase of E’s ownership of D Apartment 942 Dong 501 (hereinafter “instant apartment”).
C. On March 9, 2016, the Plaintiff paid KRW 5,000,000 to F at the request of Defendant B, and KRW 89,60,000 to Defendant B around March 10, 2016, respectively.
On March 10, 2016, the Plaintiff received the instant apartment supply contract under Defendant B’s name, E’s family relation certificate, certified copy of the resident registration, and certificate of personal seal impression from Defendant B, and explained that the name of the right to purchase was changed to the Plaintiff around August 2016.
E. On the other hand, around August 6, 2015, E concluded a sales contract for the instant apartment in KRW 486,00,000 with a company selling pentaium Co., Ltd. (hereinafter “sale company”), and agreed to pay the down payment of KRW 48,60,000 at the time of the contract, and the intermediate payment of KRW 48,60,000 each six times every three months from October 15, 2015 to January 15, 2017.
F. On August 6, 2015, E paid only the down payment of KRW 48,600,000 and the balcony expansion contract amount of KRW 1,000,000 to a selling company, and the intermediate payment was not paid at all thereafter.
On April 18, 2016 and May 11, 2016, the sales company notified E of the cancellation of the apartment sales contract in this case due to the failure to pay the intermediate payment. However, around May 31, 2016, the sales company notified E of the cancellation of the apartment sales contract in this case.
G. On August 11, 2016, the Plaintiff intended to change the name of the right to purchase apartment units and became aware of the cancellation of the instant apartment sales contract.
H. E redeems the Plaintiff KRW 11,000,000 for three months around August 24, 2016.