beta
(영문) 광주지방법원 2018.05.02 2017나56772

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding Defendant D, which constitutes the following amount ordered to be paid.

Reasons

1. Summary of grounds for appeal;

A. Even if there is no contractual relationship between the Plaintiff and Defendant D, even if Defendant D did not register the establishment of the brokerage office, the Plaintiff was unable to purchase the instant officetel in combination with the other Defendants’ illegal acts mediating the instant officetel without registering the establishment of the brokerage office, and the Plaintiff suffered damages equivalent to the sales price and the brokerage commission. Therefore, Defendant D is liable to compensate the Plaintiff for the damages incurred by the Plaintiff in collaboration with the remaining Defendants.

B. Defendant B did not merely introduce the instant officetel nor intermediate it.

C. Article 15(2) of the Licensed Real Estate Agent Association Act provides that an act of a broker assistant shall be deemed an act of a practicing licensed real estate agent who employs the broker. Defendant B’s act does not constitute an “occupational act” as provided in the above Act.

Plaintiff

In addition, since the contract for sale in lots was not fulfilled the duty of care generally required, the plaintiff's negligence should be taken into account in calculating the amount of damages. Since the defendant C only employed the defendant B and did not participate in the illegal act of the defendant C, the liability of the defendant C should be more narrowly restricted.

In the mutual aid agreement of this case, there are brokerage accidents other than brokerage accidents against the plaintiff during the mutual aid agreement of this case, so the damages against the plaintiff shall be divided in proportion to the damages for the client other than the plaintiff within the limit of the amount of mutual aid.

2. The court's explanation on this part of the facts is the same as the reasoning of the judgment of the court of first instance, and this part of the facts is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Determination

A. Article 2 subparagraph 1 of the former Licensed Real Estate Agent Act is about the object of brokerage as provided in Article 3.