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(영문) 창원지방법원 2014.12.05 2014가단72114

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff purchased 5,131m2 (hereinafter “instant real estate”) from Changwon-si, Changwon-si, Changwon-si (hereinafter “C”), and Defendant B is a licensed real estate agent who arranged a sales contract for the said real estate, and the Defendant Association is a real estate agent who operates a mutual aid business to guarantee the broker’s liability for damages.

B. On March 7, 2007, the Plaintiff entered into a real estate sales contract with Defendant B to purchase the instant real estate from Defendant B for KRW 216,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on May 28, 2007.

C. Meanwhile, at the time of the instant sales contract, the instant real estate was a water resources protection area, and the market value at the time was 41,048,000 won.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), and the result of entrustment of market price appraisal to the appraisal corporation of this court, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that Defendant B did not prepare and deliver a confirmation explanatory note of the object of brokerage to the Plaintiff while mediating the sale and purchase of the real estate in this case. The broker did not sign and seal the contract. Although the real estate in this case was obligated to verify in advance on the restriction on the use of water resources protection zone and explain it to the Plaintiff, Defendant B violated the duty to explain. Although the real estate in this case was not designated as a planned commercialization zone, it was impossible to construct the real estate in this case was designated as a planned commercialization zone, and the real estate in this case was designated as a planned commercialization zone, and the Plaintiff was allowed to enter into the sales contract in this case by deceiving the Plaintiff to be capable of constructing the telecom, restaurant, electric house, etc.