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(영문) 의정부지방법원고양지원 2015.08.20 2014가단59647

손해배상(기)

Text

1. The Defendants jointly share KRW 4,500,000 with respect to the Plaintiff and KRW 5% per annum from September 13, 2013 to August 20, 2015.

Reasons

Facts of recognition

Defendant B operates a real estate brokerage office with the trade name “E” in Pakistan, and Defendant C is a brokerage assistant belonging to the said brokerage office.

On August 13, 2013, the Plaintiff introduced a 563m2 and H 417m2 (hereinafter “each of the instant lands”) from Defendant C, a business owner, who was using the land that could build a new commercial building, and around that time, visited Defendant C and FJ Vice-Chairperson I of the instant land and explained the current status and boundary. On September 13, 2013, the Plaintiff entered into a sales contract for each of the instant lands (hereinafter “instant sales contract”) with FJ and paid KRW 30 million down payment on the same day as the same day.

The Defendants did not deliver to the Plaintiff a confirmation description of each of the instant lands at the time of the conclusion of the instant sales contract.

After the conclusion of the instant sales contract, the Plaintiff became aware that, unlike the location and current status of the land explained by Defendant C while requesting construction design to build a commercial building on each of the instant land, most of the instant land was already assigned as a road.

Accordingly, the Plaintiff filed a lawsuit against the Franc Association seeking the cancellation of the instant sales contract and the return of the down payment with the court No. 2014da50732, May 15, 2014, and entered into a mediation to refund KRW 15 million out of the down payment with the Franc Association on May 15, 2014, and was returned from the said clan.

[Ground of recognition] In light of the fact that there is no dispute, Gap's Nos. 1 through 4, 7, 11, 14 through 17, Eul's Nos. 2 and 3 (including a serial number), and the purport of the whole pleadings, the defendant C does not accurately confirm the boundary and current status of each land of this case, and hear only the opinion of the first president of the FJD, and hear each land of this case.