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(영문) 인천지방법원 2017.08.18 2015가단239675

손해배상(기)

Text

1. The Defendants jointly share KRW 40,140,00 for the Plaintiff and Defendant C with respect thereto from May 31, 201.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings with respect to Gap evidence of 1 to 3, Gap evidence of 7 (including branch numbers), and witness D's testimony.

On May 4, 2011, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to the purchase price of KRW 661.16 square meters among the 16,002 square meters of forest E, Incheon-gun, Incheon-gun (hereinafter “instant forest”) and paid the purchase price on May 31, 201.

B. At the time, the instant forest was owned by F, and D promised to purchase the said forest by F’s agent G with an oral promise to purchase KRW 95 million, and paid KRW 10 million in the provisional contract amount, but did not conclude a sales contract in a fixed manner.

C. However, D was convicted of the fact that the instant forest was committed as if it were one’s own possession and entered into the instant sales contract with the Plaintiff, and thereby, acquired KRW 70 million from the Plaintiff.

The contract of the instant sales contract states that Defendant C, a licensed real estate agent, was acting as a broker, and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant C, which covers liability for damages if it causes property damage to the transaction party due to intention or negligence in performing real estate brokerage business with Defendant C within the limit of KRW 100 million.

2. The parties' assertion

A. Defendant B, in collusion with D, caused damages to the Plaintiff by deceiving the Plaintiff to conclude the instant sales contract, or by not notifying the Plaintiff of the legal relationship, etc. of the instant forest land as a licensed real estate agent, while mediating the instant sales contract as a licensed real estate agent.

In addition, the defendant association entered into with the defendant C.