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(영문) 서울중앙지방법원 2016.03.30 2015가단5276425
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 72,00,000 as well as 5% per annum from August 13, 2015 to March 30, 2016.

Reasons

1. Basic facts

A. On December 21, 2005, the Co., Ltd. Construction Co., Ltd. (hereinafter “Non-Party Co., Ltd”) sold to C the apartment of 12,5480,000 won of the instant apartment of 102, 304 (hereinafter “the instant apartment of 102,480,000,000 won”) on the ground of 8 lots, including D, Chungcheongnam-gun, Chungcheongnam-gun, and the apartment of 102,000,000 won, and thereafter C transferred to F the status of the buyer as to the instant apartment of Parcelling-out, and approved it

B. On May 7, 2014, the Plaintiff, a licensed real estate agent, purchased the instant sales household at KRW 80 million from F, and agreed on February 28, 2015, the delivery date of the instant sales household. On May 8, 2014, the Plaintiff paid KRW 2 million as the purchase price for the instant sales household to F with the Defendant B’s account designated by Defendant B, and paid KRW 80 million in total as the purchase price for the instant sales household. The Nonparty approved the Plaintiff from F to acquire the status of the buyer of the instant sales household from the Plaintiff.

C. Until now, the registration of initial ownership was completed on October 12, 2007 in the name of the Korea Housing Guarantee Corporation (the Korea Housing and Urban Guarantee Corporation, hereinafter “Korea Housing Guarantee Corporation”) with respect to the sales household in the instant case, regardless of whether it was before or after the change, and the Plaintiff did not complete the registration of transfer with respect to the sales household in the instant case and did not receive the delivery of the sales household in the instant case.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) (hereinafter “Defendant Association”) shall carry out a mutual-aid project in which a mutual-aid policyholder, who is a real estate broker, causes property damage to a transaction party due to intentional or negligent conduct in conducting real estate brokerage, and Defendant B entered into a mutual-aid agreement with the Defendant Association by setting the deductible amount of KRW 100 million and the period from June 10, 2013 to June 9, 2014.

[Reasons for Recognition] Facts without dispute, Gap 2, 6, 9, 10 evidence, Eul 1, and the purport of the whole pleadings.

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