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(영문) 의정부지방법원 2017.02.03 2015나51532

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won.

Reasons

Facts of recognition

Defendant C is a person operating the “G Licensed Real Estate Agent Office” located in the F in Namyang-si, Nam-si.

Defendant C concluded a contract with the Plaintiff on October 2013 (hereinafter “instant sales contract”) to purchase KRW 130,000,000 in total of KRW 50,000,000 (hereinafter “the sales contract”), and to connect access roads to the sales site, and to pay any balance to obtain permission, and if the authorization is not possible, the seller shall return the purchase price paid to the buyer. In the case of the seller’s failure to obtain permission, Defendant C made an agreement with the buyer on October 4, 2013.

The Plaintiff paid the down payment of KRW 50,000,000 to Defendant C on the day of the instant sales contract.

On January 2014, the Plaintiff demanded the return of the down payment on the ground that B did not obtain the authorization and permission stipulated in the instant sales contract. On February 21, 2014, B agreed to pay the down payment of KRW 60,000,000 to the Plaintiff by February 25, 2014. On March 201, 2014, the Plaintiff returned only KRW 20,000 among them.

On August 5, 2016, Defendant C was convicted of having been sentenced to a suspended sentence of two years in August, 2016, Defendant C, on the charge that “B and Defendant C conspired to commit an act of deceiving the Plaintiff and received KRW 50,000,000 as the down payment,” and was sentenced to a suspended sentence of two years.

The defendant C is a mutual aid agreement with the defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") to provide compensation within the limit of the amount to which the defendant Association compensates the parties to the transaction for property damage caused by intention or negligence when the mutual aid subscriber caused property damage to the parties to the transaction in performing real estate brokerage.