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(영문) 대전고등법원 2015.11.18 2014나2271
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs' claim corresponding to the above revocation part is filed.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is the Plaintiff 2,704 square meters prior to D, Nam-gu, Dong-gu, Seoul Special Metropolitan City (hereinafter “1 land”).

3,566 square meters (hereinafter referred to as “second-party land”) in Chungcheongnam-gun and Chungcheongnam-nam Budget E.

(2) The Plaintiff 2,561 square meters and the Plaintiff 2,561 square meters and the Plaintiff 2,561 square meters and registered as M field 7,132 square meters on May 4, 2005 with G field 1,005, and divided into M field 3,566 square meters and N field 3,566 square meters on May 23, 2005. The land above G field 1,005 square meters was combined with M field 7,132 square meters on May 4, 2005, and was divided into M field 3,566 square meters and N field 3,566 square meters on May 23, 2005 (hereinafter the aforementioned land was combined with the land above 2 lots, and the land is divided into “3,566 square meters” and “3,566 square meters” respectively.

(2) The Defendant is a licensed real estate agent who introduced each of the instant lands to the Plaintiffs, and Nonparty H is a person who participated in the sale of each of the instant lands, which appears to be followed by the Defendant.

B. At around 2004, I and J, i.e., the first sale contract 1) i.e., the first sale contract i., the second sale contract i.e., the buyer and J, together with the land of 1,378m2 and O 1,957m2 (hereinafter referred to as “P land”).

(2) On April 19, 2004, the Defendant introduced the first land to the Plaintiff, and the Plaintiff entered into a sales contract to purchase the first land from the Plaintiff (hereinafter “first sales contract”) to purchase the first land from the Plaintiff at KRW 523 million (hereinafter “the first sales contract”). The first sales contract was concluded on April 19, 2004.

3. The plaintiff A, as designated by the defendant as the purchase price, shall transfer the total amount of KRW 430 million to the account in the name of R, a licensed real estate agent's employee, from April 17, 2004 to May 19, 2004, and KRW 90 million to the account in the name of S, which is the defendant's wife, on May 21, 2004, respectively.

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