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(영문) 대전지방법원천안지원 2015.08.19 2013가단26896

손해배상(기)

Text

1. The Defendant’s KRW 56 million and the Plaintiff’s annual rate from February 12, 2010 to August 19, 2015, and the following.

Reasons

1. Facts of recognition;

A. On September 23, 2009, the Defendant is a broker who completed the registration of establishment of a broker office in the name of “D” in Dong-gu, Nam-gu, Dong-gu, Seoul.

B. On January 1, 2010, the Defendant: (a) purchased a 30,738 square meters of F forest land in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu (hereinafter “the instant forest”) from around 15 days to 20 days; (b) obtained permission from 30,738 square meters, such as a golf practice range, a sports center, etc.; and (c) if the instant forest is loaned or sold again, the Defendant paid the purchase price. As such, the Defendant stated to the effect that “the instant forest is purchased.”

However, the forest of this case was a park site and a preserved green belt area, and thus, it was not possible to obtain permission such as a golf practice range within the above period.

C. On February 12, 2010, the Plaintiff entered into a contract with E to purchase the instant forest at a total of KRW 80 million ( KRW 50 million, KRW 50 million, KRW 670 million, including the remainder of KRW 670 million, following the Defendant’s false words and behavior (hereinafter “instant sales contract”). D. The Plaintiff concluded a contract with E to purchase the instant forest at KRW 80 million (hereinafter “instant sales contract”).

According to the instant sales contract, the Plaintiff paid 80 million won of the down payment on February 12, 2010, and 50 million won of the intermediate payment on March 31, 2010 to Ehee, a seller, pursuant to the instant sales contract.

E. The Plaintiff, while failing to pay the balance under the instant sales contract to E, was aware of the fact that he was unable to obtain permission, such as a golf practice range, in the instant forest, and filed a complaint with the Defendant and E with the investigative agency on the instant forest by asserting that “the Defendant and E conspired in collusion with the Defendant, knowing that the instant forest is impossible to realize the business, such as a golf practice range, and by means of false speech and behavior

On December 17, 2013, the prosecutor conducted the duties of licensed real estate agents for the following facts: “The prosecutor conducted the client’s judgment on important matters concerning the permission, such as driving range, etc. of the instant forest land, which is the object of brokerage.”