손해배상(기)
1. The Plaintiff:
A. Defendant B, C, and D jointly share KRW 19,579,450 for the Plaintiff;
B. The Defendant Association shall be KRW 100,000,000.
1. Basic facts
A. On July 25, 2017, the Plaintiff entered into a sales contract with Defendant B and C to purchase the building located in Busan City F (hereinafter “instant real estate”) owned by the said Defendants in the amount of KRW 2,420,000,000 (hereinafter “instant sales contract”) and paid the said Defendants the price under the said sales contract in full.
B. Defendant D, as a broker, was acting as a broker for the instant sales contract.
C. Meanwhile, around 2015, Defendant B and C paid a fine and a fine for negligence without repairing or undergoing reinspection, even though they were judged to have failed in a regular inspection or close safety inspection under the Parking Lot Act with respect to mechanical parking facilities (hereinafter “instant parking facilities”) among the instant real estate.
However, the Defendants did not explain such circumstances to the Plaintiff at the time of entering into the instant sales contract.
On June 2018, the Plaintiff acquired the ownership of the instant case and received a notice from the Korea Traffic Safety Authority to the effect that a fine or an administrative fine is imposed when the Plaintiff did not undergo a safety inspection on the instant parking facilities.
E. Meanwhile, in relation to the instant sales contract, the phrase “a building in violation of the building ledger” of the description and confirmation of the object of brokerage prepared by Defendant D as to the instant sales contract is indicated in the column of “law”, and the phrase “violation of violation” is indicated as “no corresponding matter.”
F. Meanwhile, Defendant E Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with the Defendant within the limit of KRW 100,000,000 with a mutual aid agreement on March 8, 2017 in order to ensure the broker’s liability for damages.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 4, Eul evidence 2-2, Eul evidence 4, Eul evidence 4-B, Eul evidence 5-B and the purport of the whole pleadings
2. The assertion of nonperformance against Defendant B and C.