2018Na35225 Damages

A

1. B

2. C

3. The Korea Licensed Real Estate Agent Association;

Seoul Central District Court Decision 2017Da5110987 Decided May 10, 2018

September 6, 2018

October 30, 2018

1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of the lawsuit after the appeal shall be borne by each person.

1. Purport of claim

The defendants jointly and severally pay to the plaintiff 69,744,170 won with 15% interest per annum from the day after the last copy of the complaint of this case is served to the day of full payment.

2. Purport of appeal

The Defendants: The revocation part of the judgment of the court of first instance is revoked, and all of the Plaintiff’s claims against the Defendants constituting the revocation part are dismissed.

3. Purport of incidental appeal;

The Plaintiff: The judgment of the first instance court is modified as follows. The Defendants jointly and severally pay to the Plaintiff 69,744,170 won with 15% interest per annum from the day following the delivery of the petition of appeal of this case to the day of full payment.

1. Quotation of the first instance judgment

The reasoning of the judgment of this court is that of the first instance judgment except for dismissal or dismissal as follows, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used for cutting or cutting;

○ 4th of the first instance judgment, the Income Tax Act (amended by Act No. 14389, Dec. 20, 2016; hereinafter the same) is deemed as the "Income Tax Act (amended by Act No. 14389, Dec. 20, 201; hereinafter the same)", and the "this judgment" in the 7th instance judgment is deemed as the

○ From the last 4th to the 5th 10th eth eth eth eth eth eth eth.

"Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 27829, Feb. 3, 2017; hereinafter the same shall apply)"

§ 154. Scope of “One house for one household”

(1) "One household house prescribed by Presidential Decree" in Article 89 (1) 3 (a) of the Act means that where a resident and his/her spouse together with the family members who share the same livelihood at the same address or same place of residence (hereinafter referred to as "11 household") holds one house in Korea as of the date of transfer and the holding period of the relevant house is at least two years (three years in cases of the resident who falls under paragraph (8) 2): Provided, That where one household has one house in Korea as of the date of transfer and falls under any of the following subparagraphs, it shall not be subject to the restriction on holding period:

According to the 7th judgment of the court of first instance, "any person who has violated the contractual obligation to act as a broker" shall be construed as "any person who has violated the contractual obligation to act as a broker".

3. Conclusion

Therefore, the judgment of the court of first instance is justified, and all appeals filed by the defendants and incidental appeals filed by the plaintiff are dismissed.

The judges of the presiding judge;

Judges Seo-won

Judges Jeon Jinio