손해배상(기)
1. The Defendant’s reimbursement of KRW 32,00,000 to the Plaintiff is 5% per annum from April 12, 2017 to February 8, 2018.
1. According to Gap evidence No. 1 and evidence No. 7-1, 2, and 3 as to the main claim, the defendant, while mediating the sale of the plaintiff's land and building C (hereinafter "the real estate of this case"), can be acknowledged that the defendant made a special agreement to assume responsibility where the transfer income tax is imposed because it does not fall under the conditions for exemption from the transfer income tax of two houses temporarily per household (hereinafter "the special agreement of this case").
The Plaintiff asserts that the amount of capital gains tax imposed by the instant special agreement is the agreement to be paid by the Defendant to the Plaintiff and primarily sought the payment of the agreed amount. However, the expression of the said special agreement is used as a general expression, and the liability of a licensed real estate agent for damages is rather general in the event that the liability of a licensed real estate agent was incurred due to failure to perform his/her duty
Therefore, it is difficult to view that the instant special agreement is an agreement under which the Defendant pays the full amount to the Plaintiff when imposing capital gains tax.
Therefore, we cannot accept the plaintiff's primary claim.
2. Judgment on the conjunctive claim
A. As examined earlier prior to the occurrence of liability for damages, the instant special agreement should be interpreted as an agreement that compensates for damages where the Plaintiff suffers from losses due to the imposition of capital gains tax at the time of the instant real estate transaction by giving false advice as to whether the Defendant constitutes two houses of one household temporarily.
Article 25 (1) of the Licensed Real Estate Agents Act provides that a practicing licensed real estate agent shall confirm the state, location and relationship of rights and duties of an object of brokerage, matters to be restricted from transactions or use under Acts and subordinate statutes, and other matters prescribed by Presidential Decree, and explain faithfully and correctly, and present the relevant documents. Article 21 (1) 9 of the Enforcement Decree of the same Act shall apply mutatis mutandis.