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(영문) 의정부지방법원고양지원 2016.02.04 2015가단16852

손해배상(기)

Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2014, the Plaintiff and C’s real estate purchase and mediation (1) of Defendant B, etc. (hereinafter “instant sales contract”) purchased at KRW 940,000,00 the sales price of the land listed in attached Table No. 1 and the detached and neighborhood living facilities listed in attached Table No. 2 of the ground attached thereto (hereinafter “instant building”) from C and C as joint buyers (hereinafter “instant sales contract”), and completed the registration of ownership transfer thereafter.

(2) At the time of the instant sales contract, the Plaintiff and C requested the Defendant B of the E Licensed Real Estate Agent’s Real Estate Agent’s Real Estate Agent’s purchase of real estate. D requested sale to G of the F Licensed Real Estate Agent’s Real Estate Agent’s Real Estate Agent’s G, and concluded the instant sales contract

B. At the time of the conclusion of the instant sales contract, the building of this case, among the instant real estate, was already illegally remodeled for 4 households in 2nd floor by D, and the household of 3rd floor was in a state of illegal extension. At the time of the conclusion of the instant sales contract, the said building was indicated as “non-large-scale repair (5 households for 3 households, detached houses, reinforced concrete structures), and unauthorized extension (40 square meters for 3rd floor reinforced concrete structure, 40 square meters for 2nd floor light steel structure).”

C. On May 2015, the Plaintiff and C imposed a non-performance penalty on the instant building: (a) around KRW 12,406,000 for non-performance penalty; and (b) around May 2015, the ownership transfer registration of the instant land and building; and (c) the non-performance penalty was imposed.

Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Seoul Guarantee”) is a real estate broker under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act with the insurance period from November 8, 2013 to November 7, 2014.