손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On April 26, 2015, the Plaintiff concluded a sales contract between D and F as the Defendant’s broker, under which the Plaintiff sold KRW 56,000,000,000 owned by the Plaintiff to D and F for KRW 539,00,00,00, and the transfer income tax to be borne by the buyer under a special contract.
(hereinafter “instant sales contract”). B.
After the instant sales contract was concluded on May 29, 2015, the ownership transfer registration for the instant real estate was completed on April 19, 2015 in the G Co., Ltd. on the same day (250,000,000 won) and on the same day, the ownership transfer registration for the instant real estate was completed on April 20, 2015.
(Transaction Price of 1,050,000,000).
The Defendant was punished by a fine for negligence of KRW 5,000,000 on the ground that the instant real estate was not reported.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 11, fact-finding inquiry results by the court of the first instance to the Busan Jin-gu Office, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that F, a purchaser of the instant real estate, made a forgery contract with C Licensed Real Estate Agents to which the Defendant belongs and with the purchase price of the instant real estate amounting to KRW 250,000,000, and completed the registration of ownership transfer regarding the instant real estate in the name of G Co., Ltd., and H completed the registration of ownership transfer by selling the instant real estate in Pampling Co., Ltd. and completing the registration of ownership transfer in Pampling Co., Ltd.
Article 33 subparag. 4 of the Licensed Real Estate Agents Act (the practicing licensed real estate agent, etc. shall not conduct any act of causing a client's judgment by false words or other means concerning important matters relating to the transaction of the object of brokerage), Articles 49 (1) 1 and 7 of the Licensed Real Estate Agents Act, since the defendant had a licensed real estate agent C to which the defendant belongs rendered brokerage services using the defendant's name, and C signed and sealed the letter of performance as an I real estate broker.