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(영문) 의정부지방법원 고양지원 2018.09.21 2017가단73279

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Fact-finding;

A. On January 12, 2017, Defendant B entered into a contract with the Plaintiff to sell to the Plaintiff purchase price of KRW 320 million (hereinafter “the instant real estate”) the E large 213 square meters (hereinafter “the instant land”) and the Simenbu block block shop and housing, etc. on the instant land (hereinafter “instant land”), and completed the registration of ownership transfer to the Plaintiff on January 24, 2017.

(1) The sales contract under the current facilities, and the confirmation of registration certificate, and the conclusion of the contract. (2) The bank loans shall succeed to the registration. (3) The defendant C (Buyer) who operates the "F Licensed Real Estate Agent Office" and the "G Licensed Real Estate Agent Office" shall act as a broker for the above contracts

B. At the time of the conclusion of the instant sales contract, the confirmation and explanatory note of the object of brokerage given to the Plaintiff is indicated as being presented by the “certificate of registered matters, land cadastre, building register, and land use planning certificate” as evidence for confirmation and explanation. The “after-site confirmation” is indicated in the column for data demand regarding the status of the object. In fact, the Plaintiff confirmed the instant real estate with H and construction business operator, who is the husband, before entering into the instant sales contract.

In addition, the land use plan confirmation document attached to the same confirmation description is indicated as the “urban area, Class 1 general residential area, small 1 category 1(H)” with respect to the instant land, and the confirmation drawing is indicated as a small 1 category 1 line above the instant land.

C. Defendant C and Defendant D entered into a mutual aid agreement with each of the Defendant Korean Licensed Real Estate Agents Association which caused 100 million won to be deducted, and the instant sales contract was concluded during the said mutual aid period.

After the conclusion of the instant sales contract, the Plaintiff removed the buildings on the ground of the instant land, and is close to the rectangular angle of the instant land.