손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On February 18, 2016, the Defendant was entrusted by C with the brokerage of selling the instant real estate, and on February 19, 2016, the Plaintiff was entrusted by C with the brokerage of selling the said land and buildings (hereinafter the above land and buildings collectively referred to as “instant real estate”; and on February 19, 2016, the Defendant was entrusted with the brokerage of buying the instant real estate by the Plaintiff.
B. On February 20, 2016, the Plaintiff concluded a sales contract with respect to the instant real estate, and paid the down payment of KRW 17 million to C (hereinafter “instant down payment”).
C. On February 26, 2016, the Plaintiff and C concluded a sales contract for the instant real estate, but the date of the conclusion of the sales contract changed to March 4, 2016, but the Plaintiff rejected the conclusion of the sales contract and did not conclude the sales contract, and C confiscated the down payment.
In order to claim the return of the down payment of this case against C, the Plaintiff filed a lawsuit claiming the return of unjust enrichment (hereinafter “related case”) with the Daejeon District Court 2016Gaso23527, but was dismissed on June 16, 2017.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. Determination as to the cause of claim
A. The Plaintiff asserted that the Defendant, a licensed real estate agent, paid the instant down payment to C, hearing an explanation that it is possible to newly construct the instant building within one year, but later, the Plaintiff was deprived of the conclusion of the sales contract, knowing that the lease term of the instant building exists for five years, and that it is impossible to newly construct the instant down payment within one year.
Since the defendant violated the duty of a licensed real estate agent to explain as prescribed by the Licensed Real Estate Agent Act, the defendant is liable to pay 17 million won, which is the amount equivalent to the down payment of this case, to the plaintiff as damages for default or tort.
B. According to Article 25(1) of the Licensed Real Estate Agents Act.