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(영문) 수원지방법원 2015.08.21 2014나1611

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff: (a) around October 2002, upon introduction by the Defendant, a licensed real estate agent, the E-regional housing association (hereinafter “instant association”) (hereinafter “instant association”).

) This is the Fforestland, etc. in Gwangju City (hereinafter referred to as “instant project site”).

A) The apartment building that is being built on the ground (hereinafter “instant apartment”) is being built on the ground.

(2) On October 9, 2002, the Plaintiff became aware of the fact that the Plaintiff joined the instant association under the name of the Plaintiff’s branch, who was under a non-family condition as of October 4, 2002, and paid KRW 2 million to the Defendant in the name of the sales contract amount and the business promotion expenses, etc. in order to purchase two households of the instant apartment. On October 9, 2002, the Plaintiff remitted KRW 34 million to the account in the name of M used by the Defendant under the same name.

B. 1) On November 4, 2002, the Plaintiff concluded a supply contract and paid the price, etc.

) Each of the 12 million Won was remitted to the account in the name of the instant association, and around that time, H and I joined the instant association under the name of the said H and I as a member of H and I, and one household of the instant apartment type 32 square meters each of the instant apartment units from the instant association (this number was not specified).

(2) The supply contract and partnership agency contract (hereinafter referred to as “each contract of this case”) to be provided

A) At the time of conclusion, the Defendant did not sign and seal each of the instant contracts as an intermediary. The object to be indicated by the Defendant did not sign and seal as the intermediary for each of the instant contracts: the instant apartment units 32 square meters - The instant association: hereinafter referred to as “A. Union members - the insured members - J: hereinafter referred to as “B.” - The agent is responsible for construction - completion construction: hereinafter referred to as “finite.” Article 1 [general provisions] is due to the characteristics that a housing member qualified under Article 42 of the Enforcement Decree of the Housing Construction Promotion Act should carry out the project at the time of the final decision in the approval of the project plan.