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(영문) 의정부지방법원 2014.05.23 2013가합4569

손해배상(기)

Text

1. The Defendant’s KRW 24,00,000 as well as 5% per annum from May 25, 2013 to May 23, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a licensed real estate agent who runs real estate brokerage business in Gyeonggi-gun C.

B. On September 6, 201, the Plaintiff: (a) purchased 120,000,000 square meters (hereinafter “instant housing”); (b) paid the down payment of KRW 70,000,000 on the date of the contract; and (c) paid the remainder of KRW 50,000,000 on October 31, 201 at the same time as the delivery of the instant housing; and (d) concluded a sales contract for the registration of ownership transfer of the instant housing to undergo a completion inspection of the instant loan (hereinafter “the instant sales contract”).

C. The Plaintiff and D prepared a contract for the instant sales contract in the presence of the Defendant at the Defendant’s office, and the Defendant signed and sealed the said contract as a broker.

Article 9 of the sales contract of this case states that "a broker shall prepare a confirmation description of the object of brokerage and deliver it to both parties to a transaction on September 6, 201, along with a copy of the business guarantee certificate (certificate, etc.)." However, the defendant did not issue to the plaintiff a confirmation description, etc. of the object of brokerage of this case.

E. According to the instant sales contract, the Plaintiff paid D the remainder amount of KRW 70,000,000 on the date of the contract, and KRW 10,000,000 out of the remainder on October 7, 201, respectively. On January 20, 2012, G paid the remainder of KRW 40,000 to D on behalf of the Plaintiff, thereby paying the full purchase price for the instant housing.

F. D’s owner of the instant loan was the owner, and the roof and outer wall were built at the time of the conclusion of the instant sales contract, and the approval for use and registration for preservation of ownership was not completed.

G. D The instant housing that was concluded on October 31, 201 under the instant sales contract and that was paid in full on January 20, 2012 to the Plaintiff even after the payment of the purchase price was made.