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(영문) 광주지방법원 2018.05.18 2017나64797
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is the same as the ground of the judgment of the court of first instance, except for the addition of the following judgments, thereby citing it as it is in accordance with the main sentence of Article

2. Additional determination

A. The Defendant’s assertion B did not intermediate the conclusion of the instant sales contract, and merely introduced the Plaintiff who wished to purchase the instant officetel to the G&D City Development.

Therefore, the plaintiff's claim against B that caused damage to the plaintiff by intention or negligence in mediating the sales contract of this case is groundless. Thus, the plaintiff's claim against B, a mutual aid business operator who entered into a mutual aid contract with B, is also without merit.

B. The term "mediation" under the Licensed Real Estate Agents Act means mediating transaction, exchange, lease and other acts concerning acquisition, loss and transfer of rights between the parties to a transaction regarding the object of brokerage (Article 2 subparagraph 1 of the Licensed Real Estate Agents Act), and in light of the purport of the legal provisions aimed at protecting the transaction parties under the Licensed Real Estate Agents Act, the issue of whether the object of brokerage falls under the act of brokerage shall not be determined based on the subjective intent of the broker, not on the basis of whether the broker has an intention to mediate the transaction for the transaction solely, but on the basis of whether the broker's act objectively deemed as an act of brokerage for

(2) In light of the above legal principles, the following circumstances, which can be seen as having been revealed through health stand in light of the above legal principles, and macroscopic evidence, should be comprehensively taken into account: (a) a series of acts conducted in the process of concluding the instant sales contract by B during the instant sales contract, as a broker for the sales of the instant officetel, constitutes “act of brokerage” under the Licensed Real Estate Agents Act, as a broker for the instant officetel.

Therefore, the defendant's above assertion.

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