손해배상
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged, based on the following facts: (a) the Plaintiff and the Defendant deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act; and (b) the Plaintiff and the Defendant’s Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) do not dispute between the parties; or (c) evidence Nos. 1, 2, 3, 4, 7, 8, 9-1, 2, and 10 of the evidence Nos. 9-1, 2, and 10 of the entire pleadings.
On December 2006, the Plaintiff entered into a sales contract with Defendant B as the broker, with the content that C would purchase KRW 70,000,000 for the E 203 (hereinafter “instant lending”) that was being newly constructed on the ground of Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant lending 203”).
B. After receiving KRW 39,300,000 from the Plaintiff as part of the purchase price of this case 203, Defendant B received KRW 39,30,000 from the Plaintiff, and issued a receipt to the Plaintiff on January 5, 2007, stating that he was an agent for the Plaintiff and received the said amount. After receiving KRW 30,00,000 from the Plaintiff on February 25, 2007, Defendant B received KRW 30,00,000 from the Plaintiff as the purchase price of this case 203, the Plaintiff received KRW 30,00,000 as part of the purchase price of this case, and was responsible for and transferred to the registration. If the Plaintiff does not want, the Plaintiff prepared and issued a receipt (Evidence 3) stating that “The amount shall be refunded including cash and interest.”
C. Although the Plaintiff paid the purchase price as above, the Plaintiff failed to obtain ownership transfer from C with respect to the instant loan No. 203, and even the issuance of the additional sales contract, C failed to complete the registration of ownership transfer with respect to the instant loan No. 203, and C proposed that the Plaintiff complete the registration of ownership transfer with respect to the instant loan No. 403 instead of the instant loan No. 203.
Accordingly, on April 24, 2008, the Plaintiff paid 95,000,000 won with respect to the instant loan No. 403 between C on April 24, 2008.