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(영문) 인천지방법원 2020.06.12 2018가단272413

손해배상(기)

Text

1. The Defendants jointly share KRW 29,862,00 with respect to the Plaintiff and Defendant B and D Association, respectively, from January 5, 2019.

Reasons

1. Facts of recognition;

A. Defendant C is a licensed real estate agent who operated the E Licensed Real Estate Agent Office.

Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant C on July 15, 2013 (hereinafter “Defendant Association”) with KRW 100,000,000,000,000,000 for the period of mutual aid from July 22, 2013 to July 21, 2014.

B. On May 13, 2014, the Plaintiff and Defendant B entered into an exchange contract with Defendant C on the first floor of the aggregate building of six parcels of land owned by the Plaintiff (hereinafter “instant commercial building”) and the first 756m2 of the Gyeonggi-gun, Gyeonggi-gu, Incheon, and the Gyeonggi-do, Gyeonggi-do, and the Defendant B (hereinafter “instant forest”), the shares of 8.4/173m2 of the 173m2 of the I forest land, and the shares of 10.3/211m2 of the J forest land of 211m2 (hereinafter “the instant exchange contract”).

C. Paragraph (3) of the instant exchange contract provides that “the Plaintiff shall be deemed to have known that there is no road in the cadastral map on the land in Defendant B,” and the description of confirmation of the object of brokerage on the forest subject to exchange attached to the said contract states that the land category on which the instant forest land is registered is the forest land or the actual status of use is the site.

K, which is the brokerage assistant of Defendant C, L, prior to the conclusion of the instant exchange contract, entered into an on-site visit of the instant forest.

K and L had, at the time of the above on-site investigation, completed the smooth carbon work adjacent to the forest of this case, not the forest of this case, and taken photographs of the Gyeonggi-gu Gyeonggi-gun Male Park (hereinafter “M forest”) in a condition that there is no particular food on the ground, and sent them to N, who is the husband of the Plaintiff.

N demanded at the time of the instant exchange contract to state the present state of the forest land in this case in the contract.

As described in the subsection, the actual use of the forest of this case was entered.

E. However, the current status of the forest of this case is not a flat site after the date of concluding the exchange contract of this case or until the date of closing the argument of this case.