손해배상(기)
1. Defendant C’s KRW 238,00 and its amount per annum from March 30, 2019 to March 12, 2020, respectively, to the Plaintiff.
Basic Facts
On August 15, 2016, the Plaintiff concluded a sales contract of KRW 380,00,000 (hereinafter “instant sales contract”) with Defendant C as a broker of Defendant C, a licensed real estate agent, for a building of approximately 238 square meters and its second floor owned by the said Defendant (hereinafter collectively referred to as “instant real estate”).
The Plaintiff paid to Defendant B a down payment of KRW 30,000,000, intermediate payment of KRW 100,000,000, and the remainder of KRW 94,000,000, and accepted KRW 156,00,00 as collateral obligation of the collateral security established on the instant real property, and completed the payment of the purchase price.
On September 27, 2016, the registration of ownership transfer was completed in the name of the plaintiff for the real estate in this case.
The Plaintiff paid KRW 4,00,000 to Defendant C as a brokerage commission for the instant sales contract.
On August 16, 2018, the macro-si issued a corrective order on the following: (a) on August 16, 2018, the illegal expansion of the floor area of 48.14 square meters for a single house for the second floor of the ground, (b) on the use of two separate parking lots for outdoor self-stocks for the purpose of detached houses, (c) the use of two separate parking lots for outdoor self-stocks for the purpose of detached houses, and (d) the non-maintenance of the functions of
【In the absence of dispute, there is a duty to compensate the Plaintiff for damages of KRW 190,00,00 as a result of the fact that there is no ground for recognition, the entry or video of Gap's 1 through 6 certificates (if there is a provisional number, including each number; hereinafter the same shall apply) and the purport of the whole pleadings. At the time of entering into the instant sales contract, defendant Eul had the responsibility to compensate the Plaintiff for damages of KRW 190,000,00, which are half of the damages, since the removal and illegal construction cannot be permanently used and profit-making.
Defendant C exceeds KRW 1,520,00 (=380,000,000 x 0.4%) of the statutory brokerage commission (=380,000,000).