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(영문) 창원지방법원 2017.02.02 2016가단7541

공제금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. A licensed real estate agent B, who is a licensed real estate agent, operated the real estate brokerage business at the D Licensed Real Estate Agent Office located in Busan Seo-gu, Busan.

The defendant is a mutual aid business operator who has entered into a mutual aid contract with B to compensate for damage where property damage has occurred to a transaction party intentionally or by negligence while acting as a licensed real estate agent in conducting real estate brokerage.

On April 19, 2014, the Plaintiff: (a) as the owner of the nine generation units of the building Kimhae-si; (b) requested B to sell and purchase the same eight units of the following table; and (c) around April 19, 2014, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) instead of receiving a separate payment, in addition to the total amount of KRW 207,000,000,000, total amount of the deposit to be returned to one and the above eight units of the foregoing real estate, and the total amount of the deposit to be returned to one and the foregoing eight units of the foregoing real estate.

E [Ground of recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 4, 5, and 6, the purport of the whole pleadings

2. In mediating the sales contract of this case by the Plaintiff, the Defendant is obligated to pay the Plaintiff mutual aid money, as the Plaintiff caused property damage to the Plaintiff by intention or negligence as follows.

At the time of the conclusion of the instant sales contract, G, not the buyer, concluded a contract under the name of F, but B breached its duty of confirmation by failing to verify it.

Even if G’s agent, G did not properly examine whether G had the power to execute the instant sales contract.

B. The Plaintiff requested B to sell a total of 101 households other than eight households under the instant sales contract. B entered only eight households, such as the fact of recognizing the subject matter of real estate in the instant sales contract, and the remainder of 101, excluded therefrom, and sold it to others thereafter and made sales proceeds.