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(영문) 서울중앙지방법원 2018.05.25 2017나16951
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.

Reasons

1. Grounds for the court's explanation concerning this case, 2. Grounds for the judgment of the court of first instance.

(b) Limitation of liability (from 13 pages to 11), 2-2;

C. The part of the resolution (from 13, up to 12, up to 14, 7) is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal as follows. As such, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

B. The limitation of liability 1) Where a real estate transaction party delegates a broker with the brokerage of real estate transactions, the broker is obligated to investigate and confirm the relationship of rights of the object of brokerage according to the purpose of delegation, and if he/she violates his/her duty of care, he/she is liable to compensate for the damages incurred therefrom. However, the transaction party is not wholly responsible to the broker. Thus, in cases where the broker fails to perform his/her duty to investigate and confirm whether he/she is a real right holder while acting as a broker for real estate transactions, and determines the scope of compensation for the damages incurred to the broker, the broker is deemed to have neglected his/her duty to investigate and confirm the transaction relation, and if it is recognized as the cause of the occurrence and expansion of the damages and losses, it shall be deemed that the broker is negligent, and it shall be deemed reasonable to set off the negligence by considering the basic principles of the compensation system for damages (see, e.g., Supreme Court Decision 201Da6954, Nov. 29, 2012).

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