손해배상(기)
1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B is a licensed real estate agent, and Defendant C has worked as a broker assistant at the office of licensed real estate agents operated by Defendant B.
B. On May 31, 2018, the Plaintiff sold to F the purchase price of Jongno-gu Seoul Metropolitan Government D Building E in KRW 720,000,000 as a broker of the Defendants.
C. Seoul Gangnam-gu District Court imposed capital gains tax of KRW 90,096,518 on the Plaintiff regarding the sale of the said real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff alleged that the Plaintiff, while acting as a broker for the sale of the instant real estate, made a mistake in notifying the Plaintiff of the relevant tax amount without being well aware of the requirements subject to capital gains tax, thereby selling the instant real estate under the said conditions, and thereby, the Plaintiff was damaged by the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the capital gains tax imposed on the Plaintiff and the capital gains tax imposed on the Plaintiff, which was the difference between the capital gains tax imposed on the Plaintiff and the capital gains tax imposed on the Defendant, and the delay damages therefrom
3. Determination: ① Article 25(1) of the Licensed Real Estate Agent Act provides that a practicing licensed real estate agent shall verify the state, location and right relationship of an object of brokerage, transaction or use restrictions under Acts and subordinate statutes, and other matters prescribed by Presidential Decree, and explain the relevant documents faithfully and correctly and present them. Article 21(1)9 of the Enforcement Decree of the same Act provides that a practicing licensed real estate agent has a duty to confirm and explain the types of taxes and tax rates of " he/she shall bear following the acquisition of rights" for the object of brokerage, ② Matters concerning imposition of capital gains tax, etc. and application of special cases for non-taxation or reduction, etc., are not the specialty of a licensed real estate agent.