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(영문) 광주지방법원 2017.04.27 2016가단518647

손해배상(기)

Text

1. The Defendants jointly share KRW 28,200,000 with respect to the Plaintiff and 5% per annum from March 30, 2016 to April 27, 2017.

Reasons

1. Facts of recognition;

A. Defendant C is a licensed real estate agent operating real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office,” and Defendant C is a brokerage assistant of Defendant C.

B. Defendant B posted an advertisement for the sales brokerage of officetels in the name of Defendant C in the Green Cross newspaper, etc., and the Plaintiff reported this to the Plaintiff and sought Defendant B.

On March 30, 2016, the Plaintiff prepared a written contract with Defendant B to purchase KRW 68,544,00 (excluding value-added tax) including the site ownership of KRW 1030 (hereinafter referred to as “instant real estate”) E from the Hy&D Urban Development Co., Ltd. (hereinafter referred to as “N&D Urban Development”).

On the same day, the G&C development was confirmed to have paid only 47,000,000 won as the sales price to the Plaintiff and paid in full.

However, with respect to the site of the instant real estate at the time, the transfer registration of ownership based on the trust was completed in the future in the International Asset Trust Co., Ltd. (hereinafter “International Asset Trust”).

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, 5, Eul 4, 5, and the purport of the whole pleadings

2. Upon receipt of request from the Plaintiff, Defendant B did not properly confirm that the external disposal authority of the instant real estate belongs to an international asset trust, or did not inform the Plaintiff of the fact that Defendant B did not properly confirm that the ownership transfer registration based on the trust was completed in the instant real estate, in mediating the sale of the instant real estate at the request of the Plaintiff, and that Defendant B did not know that the external disposal authority belongs to an international asset trust, thereby causing damage to KRW 47,00,000,00.