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(영문) 서울북부지방법원 2018.06.28 2017가합25882

손해배상(기)

Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant B: (a) KRW 242,659,000 for the Plaintiff and the Plaintiff’s September 2017.

Reasons

1. Basic facts

A. Party B’s relationship 1) Defendant B is the Plaintiff, Gangdong-gu Seoul Metropolitan Government, F apartment complex, 139, Madong-dong (hereinafter “instant 139, commercial buildings”).

) and the same shopping mall No. 133 (hereinafter “instant shopping mall”)

(2) Defendant C is a real owner of each of the instant stores, and Defendant C is a broker registered with Defendant D’s licensed real estate agent at G real estate agent at the time the Plaintiff entered into a sales contract for each of the instant stores, and Defendant E is a broker registered with Defendant D’s licensed real estate agent at the time the Plaintiff entered into a sales contract for each of the instant stores.

3) The Defendant Korean Licensed Real Estate Agent Association is a mutual aid business entity that entered into a mutual aid agreement for the damage incurred from the business of the Defendant D and his/her agent’s real estate brokerage. B. On October 28, 2011, the Plaintiff purchased the instant commercial building from the Defendant B from the Defendant B, which would be eligible for membership due to the reconstruction improvement business, and would be 34 square meters without additional contributions, and purchased 490 million won in cash (hereinafter “instant sales contract”); and Defendant B purchased 100 million won in cash (hereinafter “instant sales contract”); around October 28, 2011, the Plaintiff paid the down payment of KRW 140 million in cash and the balance of KRW 350 million in November 18, 201. < Amended by Act No. 11037, Nov. 28, 2011; Act No. 110006, Nov. 35, 2011>

2) In concluding the instant sales contract, Defendant C’s agreement stating that “if the Plaintiff is not paid KRW 34 square meters and KRW 100 million, the sales price of the 34 square-type apartment, the difference between the sales price of the 139 commercial-use apartment, and KRW 100 million shall be paid to the Plaintiff (hereinafter “instant agreement”).”

3) Defendant D and E advertised advertised the entire real estate agents they operate with the same content after hearing the horses that “If purchasing the commercial buildings of this case 139, they may take occupancy in the reconstruction apartment without additional contributions.”

[Ground of recognition] Unsatisfy, Gap 1 to 3, and 6 evidence.