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(영문) 의정부지방법원 2016.08.24 2014가합5774

손해배상(기)

Text

1. The Plaintiff:

A. As to KRW 170,03,33 and KRW 170,00,00 among Defendant C, Defendant C shall be from September 18, 2013 to August 24, 2016.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent operating the E Licensed Real Estate Agent Office located in Yangyang-si, Nam-si, and Defendant C is the husband of Defendant B, who works as a brokerage assistant at the above E Licensed Real Estate Agent Office.

B. As to F land: (a) around April 15, 2010, Defendant B recommended the Plaintiff to purchase the F land before subdivision, and to acquire each parcel of land in installments; (b) Defendant B demanded that the land acquired by Defendant B be constructed on the land (five meters wide) so that the Plaintiff would be able to use the road free of charge to the Plaintiff; (c) the Plaintiff paid KRW 1,916,200 to Defendant B; (d) KRW 1,916,200 to the cost of dividing the F land before subdivision from April 16, 2010 to September 13, 2010; and (e) KRW 5 million to the cost of road packing on September 13, 2010.

3) On August 16, 2010, F land before subdivision was divided into “F land” and “G land” and “F land” after subdivision.

) The Plaintiff and Defendant B purchased F land and G land from H on September 8, 2010. F land was the Plaintiff’s future on the 15th of the same month, and G land was the completion of each ownership transfer registration in Defendant B on the 15th of the same month. However, Defendant B did not build a road on G land, and the Plaintiff asserted against Defendant B, and Defendant B made a confirmation of facts and an agreement with the Plaintiff around November 201, as follows.

(hereinafter referred to as the “instant agreement”). ① Defendant B promised to create a road leading to the Plaintiff’s land owner from the front of the G land owned by Defendant B to the F, and to allow the Plaintiff to use this road free of charge, and that he would purchase the F land in trust with the Plaintiff. ② The road agreed upon by Defendant B is G on the large road.