손해배상
1. Defendant B shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 15% per annum from September 21, 2016 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff is currently the president of the D Association, who is qualified as a licensed real estate agent, and Defendant B is a person selling 19,835 square meters of F Forest land (hereinafter “instant land”) in the manner of selling by proxy E to the Plaintiff, and Defendant C is a licensed real estate agent operating the G Licensed Real Estate Agent Office.
The name of Defendant B before the opening of the name is H.
B. On November 29, 2010, the Plaintiff entered into a sales contract with Defendant B, who represented E, to purchase the entire land of this case at KRW 2,800,000,000.
At the time, the instant land was registered under the name of Defendant B as to ① 11,570/19,835 shares in the name of Defendant B, and ② the remaining 8,265/19,835 shares in the name of Defendant B as to Defendant B’s private village. As to the said shares (hereinafter “E shares”), Defendant B sold each of the said shares to the Plaintiff on behalf of the Plaintiff on the premise that: (a) the said agreement was obtained as to the said agreement; and (b) the Plaintiff’s mother, as to the said shares (hereinafter “I shares”); and (c) the Plaintiff’s claim for the return of the said shares, upon the request of Defendant B’s mother, the Plaintiff, will prevail; (b) under the premise that the Plaintiff would transfer ownership to the Plaintiff at that time; and (c) under the premise that E sold each of the said shares on behalf of the Plaintiff
C. ① In the process of concluding the instant land sales contract, Defendant B told the Plaintiff to the effect that “In the circumstances where it is impossible to transfer the ownership of shares owned by I without I’s consent, the entire land should be sold and sold, there is no problem in the sale and purchase of the entire land, and the shares owned by I can be found to be owned by I through a lawsuit.”
② In addition, as at the time of the above sales contract, E had already died on November 19, 2010, and the shares owned by E were inherited to the heir, the Defendant B is entitled to sell all shares owned by E on behalf of the heir.