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(영문) 대구지방법원 2014.12.10 2014나302612
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The facts following the facts of the basis may be found either in dispute between the parties or in full view of the purport of the entire pleadings at the testimony of the witness N of the first instance trial, either Party A’s evidence Nos. 1, B’s evidence Nos. 2 to 4 (including the number; hereinafter the same shall apply), and N of witness of the first instance trial.

The Plaintiff is a licensed real estate agent operating the E Licensed Real Estate Agent Office in Daegu Suwon-gu D, and Defendant C is a licensed real estate agent operating the G Licensed Real Estate Agent Office in Daegu-gu F, and Defendant B purchased on April 2, 2013 H large-scale H 889 square meters and its ground buildings (hereinafter “instant real estate”).

B. The instant real estate was owned by L, the chief executive officer of K Foundation, and three other persons. However, N, the chief executive office of Mmiddle School under the said Foundation, was in charge of the seller’s practice related to the instant real estate sales.

Defendant B visited the Plaintiff’s licensed real estate agent office with respect to the sale and purchase of the instant real estate, and O, an intermediary assistant of the Plaintiff, was divided into NN with respect to the sale and purchase of the instant real estate and other terms and conditions.

C. On April 2, 2013, the sales and purchase of the instant real estate was concluded between the aforementioned L, etc. and the Defendant B, etc. as a broker of Defendant C, and the registration of ownership transfer was completed in the name of Defendant B, etc. on April 29.

2. The Plaintiff’s assertion that Defendant B requested the Plaintiff’s real estate agent’s office to mediate the instant real estate sales contract, and accordingly, the O completed the act necessary for the brokerage. The Defendants, while jointly and severally excluded the Plaintiff, concluded a sales contract on the instant real estate between the seller and the seller on the ground that Defendant C mediated the Plaintiff.

The above Defendants’ acts constitute tort

Therefore, the defendants can receive the plaintiff jointly and severally as joint tortfeasor.

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