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(영문) 광주지방법원 2019.05.10 2018가합56898

손해배상(기)

Text

1. Defendant F: (a) KRW 42,750,00 for Plaintiff A, Plaintiff B, and C respectively; and (b) KRW 21,375,00 for Plaintiff D; and (c) KRW 151,250,00 for Plaintiff D.

Reasons

1. Claim against Defendant F;

(a) Indication of claims and item 1 of applicable provisions of law are as stated in the annexed sheet of claims; 2) Articles 208(3)2 and 150(3)(a) of the Civil Procedure Act of the applicable law of the law

B. Part 1 of the relevant part of the relevant contract, where a party to a real estate transaction delegates brokerage to a broker, the principal’s responsibility to investigate and confirm the transaction relationship is entirely attributable to the broker and the transaction party does not deviate from his/her responsibility. Therefore, in cases where a broker fails to perform his/her duty to investigate and confirm whether a real right holder is a real right holder while mediating a real estate transaction, thereby determining the scope of compensation for damages incurred to the broker, if the broker is negligent in investigating and verifying the transaction relationship, and the cause of the occurrence and expansion of the damage, it shall be deemed that the broker is at fault on the part of the client, and it shall be reasonable to offset the negligence by deeming that there is negligence on the part of the client, and in light of the basic principle of the compensation system, which means fair burden of damages (see Supreme Court Decision 2012Da69654, Nov. 29, 2012), the following circumstances of the transaction parties are also the following: < Amended by Act No. 11308, Feb. 1, 2012>

2) As described in the table of paragraph (1), it appears that the H Co., Ltd. at the time of entering into each contract for sale, as described above, did not closely verify whether it has the right to enter into each of the above contracts for sale and to receive the sale price, and the Plaintiffs, despite the fact that the sales contract for each of the officetels listed in the table of paragraph (2) below was entered into at a very low price than the initial sale price, they confirm the copy of the register or legal relationship of 1,786 square meters of land in Seo-gu, Seo-gu, Gwangju.