beta
(영문) 서울서부지방법원 2015.08.12 2014가단27121

손해배상(기)

Text

1. The Defendants jointly share KRW 8,934,120 with respect to the Plaintiff and Defendant B with respect thereto from February 13, 2014.

Reasons

1. In fact, Defendant B, a licensed real estate agent, registered the establishment of the real estate brokerage office in the name of “D Licensed Real Estate Agent Office” with the first floor of the Dongjak-gu Seoul Metropolitan Government C building as the location of the brokerage office, and E substantially operated the said brokerage office.

E, around November 22, 2011, at the D Licensed Real Estate Agent Office’s Office, concluded a false statement to the effect that “I wish to develop a resort complex to the F, Seocheon-gun, Chungcheongnam-gun, and if G forest is purchased, I would terminate the collateral security established in the forest.”

However, at the time, E had no intention or ability to terminate the collateral security even if it received the purchase amount due to the debt of approximately KRW 100 million.

E As such, the Plaintiff: (a) drafted a sales contract to purchase KRW 47,300,000,000 for the purchase price of KRW 590,000,000,000 for the land owned by H and KRW 364,00,000 for the land owned by the Plaintiff; (b) received a total of KRW 47,30,000 from the Plaintiff for the purchase price; and (c) received KRW 2,590,200,00 for the registration cost.

On March 12, 2012, the Plaintiff completed the registration of ownership transfer with respect to a part of the instant land. However, the Plaintiff lost its ownership by selling it to J on February 12, 2014, as a voluntary auction procedure for the execution of a right to collateral security established on the instant land was initiated.

E On March 13, 2014, the Seoul Central District Court was indicted for fraud and sentenced to conviction on the following facts: (a) on December 10, 2014, on the condition that the Plaintiff was aware of the purchase price by deceiving the Plaintiff; (b) on December 10, 2014, on the condition that the Plaintiff would pay KRW 50 million to the Plaintiff, and paid KRW 35 million among them.

On the other hand, the sales contract is signed and sealed by the "D Licensed Real Estate Agent Office" and the registered seal of Defendant B.

Defendant B determined on June 14, 201 with Defendant Korea Licensed Real Estate Agent Association (hereinafter referred to as the “Association”) as KRW 100 million, and the period of mutual aid from June 14, 201 to June 13, 201.