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(영문) 대전고등법원 2014.12.31 2013나5402

손해배상(기)

Text

1. Claim against Defendant C and Defendant E in the judgment of the first instance, including the claim of the Plaintiffs expanded in the trial.

Reasons

1. Basic facts

A. On January 20, 2005, Plaintiff A, the seller’s agent (the seller’s name is indicated as “C” without the seller’s name; Defendant C’s address, resident registration number, and contact number is indicated) and Defendant D as a licensed real estate agent, the sales contract was prepared with the content that Plaintiff A purchases at KRW 335 square meters (which was divided into 400 square meters of I forest and J forest and 603 square meters of land, and specified as “F land”) out of the Daejeon Seo-gu G forest and H land owned by F, and KRW 310,00,00 in sales price.

B. On the same day, a sales contract was prepared with the content that the buyer, the seller’s agent (the contact details, such as the seller’s name column and address, are the same as indicated in the above paragraph (a)), and the Defendant D as a licensed real estate agent, specifying the location of the above F land, and 326 square meters (the specific area was divided into 642 square meters of L, forest, M, and forest, and 361 square meters) of the purchase price of KRW 290,000,000 for the purchase price of KRW 290,000 (hereinafter “each sales contract of this case”).

C. Each of the instant sales contracts has the following common special agreements:

1. The defendant C shall enter into a sale contract with the power of attorney of the seller.

2. Of the land before the instant subdivision, the volume of the land to be traded (including the road-sharing area) shall be divided, and the location of the land shall be as set forth in the provisional subdivision attached thereto.

In addition, if there is a difference in the actual number after the division, the increase or decrease shall be settled in accordance with the standard of the average unit price.

3. 22 square out of the flats subject to sale and purchase shall be equity shares in the road and co-ownership shares, and shall pay the debt to the existing road after the vehicle.

4. Co-owners and mandators: N,O, and P.

5. This Agreement is a basic requirement for land transaction permission, so if it is impossible to obtain a land transaction permission or it is impossible to perform a contract due to a legal limitation, it is deemed to return to the original state without mutual liability for compensation.

The land purchased by the plaintiffs is each of the case.