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(영문) 수원지방법원 성남지원 2018.06.05 2017가단216560
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a real estate broker operating a “C Licensed Real Estate Agent Office”.

B. Around April 2017, the Plaintiff purchased D 301, Seongbuk-gu, Sungnam-si, the Defendant’s brokerage, “Class II neighborhood living facilities (office)” (hereinafter “instant real estate”) from the owner E and completed the registration of ownership transfer. (c) On April 4, 2017, the Plaintiff entered into a sales contract with the Defendant’s broker for the instant real estate as of June 13, 2017, with the purchase price of KRW 260 million as to the instant real estate, including KRW 260,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000.

[Ground of recognition] Facts without dispute, Gap evidence 6, 9 through 12, Eul evidence 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant did not explain that the said real estate was a neighborhood living facility while mediating the sale and purchase of the instant real estate, and that on June 13, 2017, the remainder payment date, the Defendant changed the Plaintiff’s official F of the Certified Judicial Scriveners Office’s office from “nive living facilities and housing” to “second class neighborhood living facilities (office)” to “second class neighborhood living facilities” without permission, thereby forging the said contract.

Therefore, the Defendant should compensate the Plaintiff for considerable damages from the difference calculated by subtracting the price in the case of the second class neighborhood living facilities where the use of the real estate in this case is a house.

B. If the stamp image affixed to the document of determination on the allegation of forgery 1 is displayed by his/her seal, the authenticity of the stamp image is established, unless there are special circumstances.

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