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(영문) 서울중앙지방법원 2019.10.29 2018가단5006795
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff with KRW 14.6 million, and Defendant B with respect thereto from January 26, 2018, and Defendant B.

Reasons

1. Basic facts

A. Defendant B, as a licensed real estate agent, operates the E Licensed Real Estate Agent Office in Sungsung City D.

F, in the vicinity of the E Licensed Real Estate Agent Office, while operating the place of G real estate without qualification as a licensed real estate agent, the F served as a brokerage assistant for Defendant B.

The Defendant Association is the other party to the mutual aid agreement to ensure liability for damages incurred by Defendant B while performing the duty of licensed real estate agents.

B. On August 31, 2017, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with H to pay KRW 1/2 of the 1,076 square meters out of the 1,076 square meters of I forest land owned by H, and paid KRW 3.65 million of the sales price at KRW 36.5 million of the intermediate payment at the time of the contract, and KRW 1,550 million of the intermediate payment at the time of the contract, on September 15, 2017, the remainder payment of KRW 178,50,000 to pay KRW 178,50,000 on October 16, 2017, and paid KRW 36.5 million to H on the same day.

C. The Plaintiff did not pay the intermediate payment and the remainder on the sales contract of the instant case.

Accordingly, on November 6, 2017, H sent to the Plaintiff a content-certified mail stating that “ By December 4, 2017, the intermediate payment and the obligation to pay remainder are urged to be fulfilled”.

Nevertheless, H, who did not pay the said intermediate payment and the remainder, rescinded the instant sales contract to the Plaintiff on December 5, 2017.

‘The content-certified mail sent' to the effect.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, 5-1, and 2, witness F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) While mediating the instant sales contract, F did not provide the Plaintiff with a non-preferred facility, such as a facility or a challenge facility, etc. in the vicinity of the instant land, and JJ only the land immediately adjacent to the instant land (hereinafter referred to as “instant substation”).

(A) While the substation is under construction, all facilities are laid underground and noise or electromagnetic waves.

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