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(영문) 서울중앙지방법원 2016.04.01 2015가단5288886
손해배상(기)
Text

1. The Defendants jointly share KRW 30 million with the Plaintiff and 15% per annum with respect thereto from April 2, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 21, 2015, the Plaintiff entered into a sales contract with Defendant B and C, a licensed real estate agent, to purchase the apartment complex (hereinafter “instant apartment”) at KRW 1 billion in the purchase price (hereinafter “instant sales contract”), Gangnam-gu, Seoul, 107, and 804, which is a licensed real estate agent, and thereafter paid all the purchase price to the buyer.

B. According to the letter of confirmation of the object of brokerage prepared at the time of the conclusion of the instant sales contract, Defendant B and C indicated “the direction” column for the indication of the object as “Seoul (Sego: B)” and affixed their seals on the letter of confirmation of the object of brokerage as each licensed real estate agent.

C. However, the apartment of this case is not actually an apartment of North Korean trend, but an apartment of North Korea.

On the other hand, on February 24, 2015, the Defendant Seoul Guarantee Insurance Co., Ltd. concluded a guarantee insurance contract and a mutual aid contract with Defendant B and the parties to the transaction with the intent or negligence to pay the insurance money or the mutual aid money within the limit of KRW 100 million, respectively, by setting the period of mutual aid between February 25, 2015 to February 24, 2016; and the Defendant Korea Licensed Real Estate Agent Association with Defendant C as between September 13, 2014 to September 21, 2015, when Defendant B and C cause property damage to the parties to the transaction while acting as a real estate broker, respectively.

[Grounds for Recognition: Evidence Nos. 1 through 8, Evidence No. 1 to 3, Evidence No. 1 to 3, Witness F, and Evidence No. G's testimony, the purport of the whole pleadings]

2. Determination

A. (1) The legal relationship between a real estate broker and a client is the same as the delegation relationship under the Civil Act. As such, a broker is not only obligated to handle brokerage business requested with the care of a good manager depending on whether a brokerage request is made, but also prior to the amendment by Act No. 11866, Jun. 4, 2013.

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