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(영문) 부산지방법원 2018.11.29 2017가단330593

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

(1) The plaintiffs are co-owners of F.M. F. 478.3 square meters (hereinafter "the land in this case") and the fourth floor Gelel building located on the ground (hereinafter "the building in this case"), and the defendant C is a licensed real estate agent who operates the "I Licensed Real Estate Agent Office" on the H and second floor in Busan-gu, Busan, and the defendant D and E are brokerage assistants of the above brokerage office.

See The Plaintiffs requested Defendant C to mediate the sale of the instant land and the instant building, and on May 13, 2016, upon the mediation of Defendant C, concluded a sales contract to sell the instant land and the instant building to J at KRW 3.15 million (i.e., the intermediate payment KRW 200 million on June 28, 2016 on the date of the contract (hereinafter referred to as “instant sales contract”) to sell the instant land and the instant building at KRW 3.15 million (i.e., the down payment KRW 2.65 million on August 16, 2016).

Secondly, J paid the Plaintiffs KRW 100 million out of the down payment on the date of conclusion of the instant sales contract, and paid the remainder down payment KRW 100 million on May 16, 2016.

x. J filed a lawsuit against the Plaintiffs for the payment of KRW 200 million as damages for the cancellation of the instant sales contract by Busan District Court Decision 2016Ga341602 (hereinafter “relevant case”). On August 10, 2017, the said court rendered a judgment that “the Defendant (the Plaintiffs of this case) jointly and severally) shall pay KRW 200 million and its delay damages to the J.”

The plaintiffs appealed to the above judgment as 2017Na53347.

On February 6, 2018, the above court rendered a ruling of recommending reconciliation with the content that the plaintiffs paid KRW 200 million to J, and the plaintiffs and J did not object to the above ruling of recommending reconciliation.

(v) on March 28, 2018, the Plaintiffs paid KRW 200 million to the J in accordance with the decision of recommending reconciliation.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 7, Eul evidence No. 10, and Eul's evidence No. 10, and the court's September 17, 2018 against K.