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(영문) 수원지방법원 2017.11.15 2015가단136353

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent engaging in real estate brokerage business under the trade name of E Licensed Real Estate Agent Office in Pyeongtaek-si D, and Defendant Korea Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant C with a view to determining the period of mutual aid between March 5, 2015 and March 4, 2016, where Defendant C caused damage to the brokerage client by intention or negligence during the course of real estate brokerage, it is a person who entered into a mutual aid agreement with Defendant C liable for such damage within the limit of KRW 100 million.

B. On July 29, 2015, the Plaintiff, as a broker of Defendant C, was registered as “B Saemaeul Association” on July 29, 2015, between the Plaintiff and Defendant B, on the part of the broker of Defendant B Village Association, 311 square meters (hereinafter “instant land”) prior to Pyeongtaek-si F., and the above ground mentora mentora jun jun jum (hereinafter “instant building”) and 250.68 square meters (hereinafter “instant building”), but the ownership preservation registration was registered as “B Saemaeul Association.

A sales contract was concluded with respect to the purchase price of KRW 130 million ( KRW 120 million for land, KRW 10 million for building, and KRW 10 million for building) (hereinafter “instant sales contract”).

C. Since then, the Plaintiff established the right to collateral security on the instant land and building and paid the balance of the purchase price after receiving the loan, and completed the registration of ownership transfer concerning the instant land and building on August 26, 2015.

The instant building was constructed at Defendant B Village Association around 1977 and used as a village joint warehouse after completing registration of preservation of ownership on August 25, 1977. On the other hand, the instant land, which is the site, was farmland and obtained a qualification certificate for acquisition of farmland in order for the Plaintiff to register the ownership of the instant land.

E. However, at the Plaintiff’s request, G, the secretary general of the certified judicial scrivener office who has conducted the registration of ownership transfer concerning the instant land and buildings and the registration of ownership establishment of the above neighboring areas, sold the cause of acquisition of the instant land at the HH office and made the weekend experience farming for the purpose of acquisition.