손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. 1) The Plaintiffs are the respective real estate listed in the separate sheet (hereinafter “instant real estate”).
(2) The Defendant E Association (hereinafter “Defendant Association”) is an organization established with real estate brokers as its members, and is engaged in a mutual-aid business, etc. to ensure liability for property damage inflicted on the parties to the transaction in acting as a broker by its members.
3) Defendant D is a licensed real estate agent operating real estate brokerage business under the trade name of the building in Nam-gu Busan Metropolitan City and the office of real estate brokerage in L, and a mutual aid agreement between the Defendant Association and the Plaintiff for a maximum amount of KRW 100,000,000, and a mutual aid agreement between December 27, 2016 and December 26, 2017 (hereinafter “instant mutual aid agreement”).
B) The Plaintiff’s mother G entered into a sales contract between the Plaintiffs and H Co., Ltd. (hereinafter “H”) on behalf of the Plaintiffs on July 12, 2017, with the purchase price of KRW 10,250,00,000 (the contract price of KRW 1,025,000,000 (the payment of KRW 9,225,000,000) to sell the instant real estate to H on August 4, 2017 (the payment of KRW 9,225,00,00). Defendant D arranged the instant sales contract (hereinafter “instant sales contract”).
The main contents of the instant sales contract are as follows.
Article 2 (Transfer, etc. of Ownership) A seller of a real estate sales contract shall deliver all documents necessary for the registration of transfer of ownership to a buyer at the same time as the balance of the purchase price is received, and cooperate with the registration procedure, and the delivery date of the real estate in this case shall be November 30
Article 3 (Extinguishment of Restricted Real Rights, etc.) The seller shall balance when there are grounds to restrict the exercise of ownership, such as mortgages, superficies, and leases established on the real estate in this case, or when there are taxes, public charges and other charges in arrears.