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(영문) 서울중앙지방법원 2016.08.16 2014가단5209749 (1)

손해배상(기)

Text

1. The Defendants jointly share the Plaintiff KRW 99,99,98 and Defendant B with respect thereto from June 17, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff stated in the instant sales contract as the Plaintiff and six others, but the Defendants asserted that those other than the Plaintiff are not the parties to the instant sales contract, and the Plaintiff withdraws the remaining Plaintiffs’ lawsuit through an application for modification of the purport of the claim made on June 15, 2016, and only the Plaintiff changed the assertion that only A is the purchaser of the instant sales contract, so there is no dispute between the parties to the contract.

On February 18, 2014, Defendant B, a licensed real estate agent, entered into a contract to purchase each real estate (hereinafter “instant real estate”) listed in the separate sheet 1 and 2 (hereinafter “instant real estate”) with the purchase price of KRW 4,100,000,000 (contract deposit of KRW 610,000,000,000), and paid KRW 610,000,000 as the same day down payment, and paid KRW 430,000 as part of the balance on March 19, 2014.

B. Since then, the Plaintiff filed a lawsuit claiming ownership transfer registration of the instant real estate against C (U.S. District Court 2014Kahap62360) against C who did not contact with the seller, but denied the sale of the instant real estate in the said lawsuit, thereby withdrawing the said lawsuit.

C. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B (hereinafter “instant mutual aid agreement”) with the terms that guarantees liability for damages arising from Defendant B’s intermediary conduct by setting the amount of mutual aid as KRW 100 million from June 11, 2013 to June 10, 2014.

The Plaintiff did not receive a refund of KRW 1,040,000,000 for the purchase price paid to a seller misrepresentation.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 13 (including provisional number), the purport of the whole pleadings

2. Determination as to the cause of the claim.