손해배상(기)
1.The judgment of the first instance shall be modified as follows:
Defendant B and C Association shall be jointly and severally liable to the Plaintiff for KRW 76,650,00.
1. Facts of recognition;
A. The Plaintiff: (a) requested Defendant B, a licensed real estate agent, to intermediate the purchase of the site for the installation of solar electric facilities, to the Plaintiff; and (b) Defendant B, known to Defendant D, mediated the Plaintiff with the land on the F forest land 2,542 square meters and four lots (hereinafter “instant land”).
B. In order to obtain permission for development activities for solar electric facilities, consent of at least 80% of residents living within 100 meters from the land subject to permission should be obtained. On the ground that it is difficult to obtain the above consent from nearby residents of the instant land, the Plaintiff, who was out of the Republic of Korea, was able to purchase the instant land.
C. On November 16, 2017, Defendant B and D drafted each of the following commitments to the Plaintiff (hereinafter “Defendant B’s undertaking”) and the Plaintiff paid KRW 5,00,000,000 to Defendant B on the same day as the expenses incurred in obtaining consent from the residents, as well as KRW 40,00,000 to Defendant B on the same day.
Defendant B transferred KRW 40,000,000 to Defendant D around that time.
At the time of receipt of permission for development activities for solar development in relation to the instant land contract, I undertake to submit a written consent of at least 100 village residents (at least 80% of the residents) in the vicinity of the boundary of the site for the project, which is an essential requirement, to the said written consent by December 2017.
In particular, in the case of Defendant D’s undertaking to pay 128,00,000 won for down payment and intermediate payment deposited into the account of the Bank of Korea in the event that the said undertaking was not performed by the due date, “64,50,000 won for the contract amount” (excluding this part of the Defendant D’s undertaking and the content of each undertaking of Defendant B’s respective commitments). He promises to fully return and bear civil and criminal responsibility for the said undertaking.
On November 16, 2017, the Plaintiff’s land and its ground from E under the brokerage of Defendant B.