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(영문) 의정부지방법원 2016.01.12 2015가단8742

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2007, Nonparty C was designated as a person eligible for supply of 13.40 square meters each of 2 block 2 block 1,921 square meters of the site for support facilities, one of the land for livelihood measures in the development district, according to the public notice of the compensation plan of E, designated and publicly notified as Gyeonggi-do public notice D ( September 30, 2004) (hereinafter referred to as “instant land”; the right to be supplied with the above Defendants’ residential countermeasure site; the right to be supplied with the above Defendants’ residential countermeasure site; and the specific supply of the above residential countermeasure site is the method in which the designated person constituted the association and the representative elected from the association becomes the main agent to enter into a contract for the sale and purchase of the land with the Gyeonggi-do City Construction Corporation.

B. On November 1, 2007, the Plaintiff decided to purchase the land supply right of this case from C as a broker of the Defendant, who is a licensed real estate agent (hereinafter “instant contract”), deposited 500,000 won to the Defendant on the same day, with the account in the name of the Plaintiff and the name of C, written in the column of depositer on December 2, 2008, with the name of the Plaintiff and the name of C attached thereto, and deposited 5,00,000 won as the down payment for land sale in the name of “G” (which is not the entire name, but appears to be the “G neighboring association”).

C. On December 3, 2008, Gsangu Trade Union consisting of 72 members, including C, etc. entered into a contract for the purchase of a total of KRW 3,88,104,000 of the purchase price of support facility land in E from the said construction work. The above contract for the purchase price was to pay the contract deposit on the date of the contract, and five installments from April 3, 2009 to August 3, 2010, and the last balance on December 3, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is the defendant's recommendation and mediation, and the contract of this case between C and C.