손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 2005, the Plaintiff delegated Defendant B, who operated real estate brokerage business with the trade name called D Licensed Real Estate Agent Office, to sell the land indicated in the attached Table (hereinafter “instant land”).
The Plaintiff delegated Defendant B with the sale of the instant land, and at least 13,600 won per square year was sold on condition that the Plaintiff reported the sales price of the instant land at the time of transfer income declaration to the Plaintiff as the successful bid price or as the officially announced land price.
B. On August 23, 2005, Defendant B sold the instant land at KRW 480 million between the Plaintiff and E on behalf of the Plaintiff, but the down payment of KRW 50 million was concluded on September 26, 2005, with the content that the intermediate payment of KRW 150 million was paid on September 26, 2005, and the remainder of KRW 280 million was paid on October 26, 2015 (hereinafter “instant sales contract”).
Defendant B: (a) the sales contract for the instant land between the Plaintiff and E is concluded by fixing the price of KRW 318,400,000; (b) however, inasmuch as Defendant B made a lot of profits to Defendant B through real estate brokerage before, it is alleged that E promised to pay KRW 161,600,000 as the case cost or the premium of KRW 161,60,000 to the contract, and that the purchase price was stated as KRW 480,000,000 in the contract, but there is no other evidence to acknowledge this.
C. Defendant B, as above, concealed the fact that the instant sales contract was concluded, sold the instant land to E on August 24, 2005 (i.e., KRW 13,600 x the size of the instant land 23,414 x (i.e., KRW 13,600). Defendant B, on behalf of the Plaintiff, purchased the instant land in KRW 318,400,000 from the Plaintiff on behalf of the Plaintiff and KRW 3,300,000 from the intermediate payment and KRW 20 million from the intermediate payment and KRW 88,40,000 on October 11, 2005, and the remainder of KRW 188,40,000 from the intermediate payment and KRW 20,000 on October 27, 2015.