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(영문) 부산지방법원 2019.11.27 2019나48691

손해배상(기)

Text

1. The judgment of the court of first instance against the plaintiff A, which corresponds to the following amount ordered to be paid.

Reasons

1. Facts of recognition;

A. The relevant plaintiff B is a person engaged in self-business.

Plaintiff

A is a licensed real estate agent operating "D", and E is a person registered with the Busan Southern-gu Office as a broker assistant belonging to the licensed real estate agent office.

(hereinafter referred to as "Plaintiffs, etc."). B.

Plaintiff

(1) On July 13, 2015, Plaintiff B entered into a sales contract to purchase 430 million won of the purchase price from H, the owner of the Nam-gu Busan apartment G, Busan, and paid KRW 43 million of the purchase price to H, in total, KRW 500,000,000 of the cashier’s checks of KRW 38,000,000 of KRW B (the check actually issued by E) to Plaintiff B as the down payment.

(2) On September 3, 2015, Plaintiff B and E showed a sales contract and a certified copy of the register of the sales contract and the registration for the apartment complex located in the apartment complex I located in the apartment complex I, and Plaintiff B prepared and delivered a false description of “the description of the object of brokerage” with the Plaintiff B’s owner in the column of “the matters related to the ownership,” stating the following purport: (a) although the instant apartment is registered for ownership transfer to H; (b) the fact is the actual owner who purchased the apartment complex at home; and (c) the fact is the actual owner and the present ownership transfer registration was not completed.” (c) The instant apartment is to lease the apartment at KRW 360 million with the deposit for lease; and (d) E is present as an intermediary assistant.

(3) As a result, Plaintiff B and E are not the actual owner of the instant apartment, and the payment of the remainder is unclear after concluding a sales contract, and the payment of the remainder is not clear. However, the Defendant did not notify the Defendant of the fact properly, and received KRW 5 million from the Defendant, as a provisional contract deposit, on the same day. On September 9, 2015, the Defendant entered into a lease contract of KRW 360,000 for the instant apartment, and the Defendant concluded a lease contract of KRW 43 million for the instant apartment.