손해배상(기)
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
1. Basic facts
A. With respect to the building of 247.1 square meter and multi-family house on the ground (a combination of these buildings; hereinafter “instant real estate”) owned by F, the registration of the establishment of a mortgage was completed on October 6, 2014, and was cancelled due to the cancellation of the registration on the same date on December 9, 2014, with the person holding the provisional registration as the Plaintiffs on December 8, 2014, and the registration of the right to claim a transfer of ownership was completed on December 8, 2014 (the grounds for the registration was the reservation on December 8, 2014), and on April 21, 2015, the ownership transfer registration for co-owners as the Plaintiffs based on the above provisional registration (the grounds for the registration is the sale and purchase: December 8, 2014).
B. As to the instant real estate, a sales contract was prepared as of December 8, 2014, stating the seller F (Agent J), the buyer, the Plaintiffs, the sales price of KRW 1160,000,000, and the said sales contract was written. The said sales contract is a form of sales contract used by the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), stating the phrase “C” in the middle part.
As a special agreement, the above sales contract states to the effect that “the buyer’s down payment (110 million won) and intermediate payment (150 million won) shall be the amount by account transfer to the buyer’s passbook on October 6, 2014,” “the remainder amount (90 million won) shall be replaced by the right to collateral security and the security deposit at present,” and “the buyer shall immediately change his name if the interest on the right to collateral security established by the seller has been overduely paid once.”
On the other hand, from the deposit account in the Plaintiff B’s name, KRW 260 million was paid to F on October 6, 2014.
C. Plaintiff A is an infant of D and Plaintiff B is the spouse of D.
The defendant company is engaged in business such as brokerage business and analysis of rights to real estate at auction and mediation of acquisition thereof, and E is the representative director of the defendant company.
The defendant Korean Licensed Real Estate Agent Association is a mutual aid company to guarantee the broker's liability for damages.