손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
1. The scope of this Court’s judgment was the principal lawsuit against the Defendants, and Defendant C claimed damages against the Plaintiffs as a counterclaim. The court of first instance dismissed all the Plaintiffs’ principal lawsuit and Defendant C’s counterclaim claim.
As the plaintiffs appealed, the scope of the trial of this court is limited to the claim part of the principal lawsuit.
2. Basic facts
A. 1) The Plaintiffs are married couple. 2) Defendant D is a person working at the real estate brokerage office.
B. Defendant D, around September 2001, recommended the Plaintiffs to purchase the instant real estate GY 1,676 square meters (hereinafter “instant real estate”) in order to purchase the instant real estate at the time of Defendant D’s recommendation. The Plaintiffs decided to purchase the instant real estate upon Defendant D’s recommendation.
C. 1) The Plaintiffs were not able to obtain a loan from a financial institution because they did not have good credit. Accordingly, the Plaintiffs are deemed to have obtained a loan of the purchase price of the instant real estate from the financial institution. Accordingly, the Plaintiffs are deemed to have obtained a real estate purchase price of the instant real estate owned by the Plaintiffs, Y-gun, Y-gun, Y
(2) On August 9, 2001, Plaintiff B completed the registration of ownership transfer with respect to Defendant C on the following grounds: (a) each title trust of the instant real estate scheduled to purchase with Defendant C; (b) Defendant C obtained a loan from the financial institution as security of the instant real estate and received a loan from the financial institution; and (c) paid the purchase price of the instant real estate in subrogation of the Plaintiffs.
3) Defendant C is a marine mutual savings and finance company (hereinafter “Korea mutual savings and finance company”) around September 24, 2001.
The debtor C, the maximum debt amount of 26,00,000 won with respect to I and the instant real estate shall be set up, and the amount of 13,50,000 won out shall be loaned from the Boan Mutual Saving and Finance Company, and the amount of 13,50,000 won among them shall be paid as the purchase price of the instant real estate, and the remaining money shall be repaid by the previous plaintiff A.