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(영문) 인천지방법원 2020.06.25 2018가단273119 (1)

손해배상(기)

Text

1. The Plaintiff:

A. Defendant C is 8,291,074 won, and Defendant D Association is 5,791,074 won and above, in collaboration with Defendant C.

Reasons

1. Facts of recognition;

A. Defendant B’s trade name “E Licensed Real Estate Agent Office” and Defendant C’s respective brokerage businesses with the trade name “F Real Estate Brokerage Office” and Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with the parties to a transaction by intention or negligence where Defendant B or C, a licensed real estate agent, caused property damage to the parties in the course of conducting real estate brokerage, the Defendant Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with the compensation for the damage up to KRW 100,000,000, respectively. According to Article 27(3) of the Mutual Aid Agreement applicable to each mutual aid agreement, the Defendant Association should pay the mutual aid money within 60 days from the receipt of a request for the payment of mutual aid money, unless there is any inevitable reason.

B. On May 23, 2016, the Plaintiff, as a joint intermediary of Defendant B and C, sold KRW 565,000,000, and KRW 50,000,00 for the intermediate payment of KRW 265,00,00 on the date of the contract, and the intermediate payment of KRW 265,00,000 on June 30, 2016 (hereinafter “instant sales contract”). The Plaintiff concluded a sales contract to pay KRW 50,00,00 for each of the remainder on August 222, 2016 (hereinafter “instant sales contract”). The Plaintiff received KRW 50,00,000 from I on the day of the contract.

On the same day, the Plaintiff paid KRW 5,000,000 to Defendant C as a brokerage commission.

C. However, as indicated in the separate sheet, the size close to half of the instant land was scheduled to be a road site, and the relevant part cannot be constructed as it did not grant a building permit.

The phrase “matters concerning land use plans, restrictions on use under public law, and transaction regulations” of a description confirming the object of brokerage attached to the instant sales contract is not indicated in the “matters concerning land use plans, restrictions on use under public law, and transaction regulations”, but only the written confirmation of land use plan

Defendant B and C did not state the fact that there is a road scheduled site in a confirmation explanatory note of the object of brokerage.