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(영문) 광주지방법원 2017.07.14 2016나6824

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The grounds for this part of the reasoning of the court are with the exception of the fact that the witness C and D testimony of the third party 7-8 of the judgment of the court of first instance are "each testimony of the court of first instance" and "each testimony of the court of first instance C and D".

1. Since the part of the premise facts is the same as the statement, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The Plaintiff’s assertion is the cause of the instant claim, and the following reasons are selectively asserted.

1) If the Defendant, a licensed real estate agent, did not explain the fact that garbage, etc. was buried in the instant land when mediating the sale and purchase of this case, thereby causing damage to the Plaintiff while constructing a new factory building and selling garbage, etc., and thus, the Defendant is liable to compensate the Plaintiff for the damage pursuant to Article 30 of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act. (2) The Defendant agreed to compensate the Plaintiff for the damage that the Plaintiff would incur from the construction of a new factory building on the instant land by preparing and delivering a written confirmation stating that “the Plaintiff is liable to compensate the Plaintiff for the act of disposing of the garbage, etc. in accordance with the agreement.”

B. Defendant’s assertion 1) The Defendant, not the Plaintiff, mediated the instant purchase and sale to C, has no reason to hold the Plaintiff liable for damages. 2) At the time of the instant sale, C was explained by the seller that garbage, etc. was buried in the instant land.

3. Occurrence of liability for damages;

A. Relevant provisions and legal principles are the same as a delegation relationship under the Civil Act. Therefore, a broker is in accordance with Article 681 of the Civil Act, based on the content of a request for brokerage.