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(영문) 창원지방법원 2018.10.25 2017나51973

공제금

Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3. The appeal costs.

Reasons

Basic Facts

A related licensed real estate agent B is a person who was engaged in real estate brokerage in the D Licensed Real Estate Agent Office located in Busan High-gu, Busan High-gu, and the defendant is a mutual-aid contractor who entered into a mutual-aid contract with B (hereinafter referred to as “instant mutual-aid contract”) with liability for damages within the limit of KRW 100 million where property damage was caused to the parties to the transaction by intention or negligence in performing real estate brokerage

1) The Plaintiff (hereinafter referred to as the “instant building”) shall be the Plaintiff’s building in Kimhae-si.

(1) As the owner of nine households, the following table was requested to B to sell and purchase the same eight households, and around April 19, 2014, B (hereinafter “instant brokerage”).

A) As to “F and one other” and the above 8 generation, the purchaser succeeds to the total amount of the secured debt that the Plaintiff should return to the said eight generations, 2.7 million won, and the total amount of the secured debt that was created by collateral security on each of the above real estate, and 575 million won, and the purchaser receives from the buyer the remainder of KRW 792 million, deducting the total amount of the above debt from the total amount of KRW 782 million from the purchase price, as an intermediate payment (hereinafter “instant sales contract”).

(2) At the time of the conclusion of the instant contract, GF participated in the painting and identification card of GF, not F, at the time of signing the contract, and did not obtain the power of delegation, etc. from GF. < Amended by Act No. 6502, Jan. 1, 2001; Act No. 7000; Act No. 7700; Act No. 7500; Act No. 7500; Act No. 5006, May 6, 2001; Act No. 7007; Act No. 5000; Act No. 5025, Feb. 7, 2000; Act No. 5005, May 2, 400; Act No. 7007, May 57, 500).

3) As a result of the execution of the instant sales contract, the Plaintiff’s construction of the instant building Nos. 201, 301, 302, 501, and 502 (hereinafter “instant building”).

F and G will be the third party designated through the broker B.