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(영문) 부산지방법원동부지원 2015.09.11 2014가단216173

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the Goyang-si D apartment Nos. 1209, 405 (hereinafter “instant apartment”), Defendant B is the licensed real estate agent, and Defendant C is the brokerage assistant of the real estate agent’s office operated by the Plaintiff.

B. On June 13, 2014, Defendant B asked the Plaintiff, as to whether there was an objection to sell the apartment of the instant case, KRW 184,000,000, down payment 20,000,000, and the buyer’s changeable condition, Defendant B sent personal information. The Plaintiff sent his name, resident registration number, his bank account number, and address.

C. Accordingly, on June 13, 2014, the Defendants sent the instant apartment to the Plaintiff a sales contract stating the purchase price of KRW 184,00,000, down payment of KRW 20,000,000, the remainder of KRW 164,000,000, and the remainder payment of KRW 164,000,000 on November 15, 2014, and the buyer column stating the Defendant C in the buyer column. As a special agreement, the Defendants sent the Plaintiff a down payment of KRW 20,00,000 to the Plaintiff’s account under the Plaintiff’s name.

On June 30, 2014, the Defendants changed the purchaser of the instant apartment to Nonparty E with respect to the Plaintiff, and the remaining terms and conditions were the same as the instant sales contract.

E. On October 28, 2014 and November 3, 2011 of the same year, the Plaintiff sent to the Defendants a certificate of content that revokes the Plaintiff’s intent to conclude a sales contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 23, Eul evidence 1 to 13, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendants could not be the intermediary assistant of Defendant C, but instead, could induce Defendant C to conceal the fact that Defendant C was the buyer, thereby allowing Defendant C to change the buyer to a person who is easy to borrow from among his family members.