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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the Parties:
The Gangwon-do Hongcheon-gun D Forest land owned by Defendant B (hereinafter “instant land”) and the E Forest land 2,709 square meters (hereinafter “instant land 2”) are located in the vicinity of the “G”, which is a hot spring tourist resting facility located in the same source, such as F, etc. The considerable portion of the instant land is included in the said G’s entry road (hereinafter “F”).
B. On March 11, 2017, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with Defendant B to purchase the instant land at KRW 500 million (a contract amounting to KRW 50 million on the day and KRW 450 million on July 31, 2017), and paid a down payment of KRW 50 million to Defendant B.
2. Determination:
A. The gist of the Plaintiff’s claim is that: (a) Defendant B is liable to compensate the Plaintiff for damages arising from breach of contractual obligations and damages arising from illegal acts, without notifying the Plaintiff that the current status of the instant land, which is the object of the contract, was established; (b) Defendant C, as an intermediary, without confirming and explaining the object of brokerage under Article 25 of the Licensed Real Estate Agents Act and Article 6 of the Contracts; and (c) Defendant C, as an intermediary, is liable to compensate the Plaintiff for damages arising from the breach of contractual obligations and illegal acts of violation of statutes; and (d) Defendant B, as the broker, shall jointly and severally compensate the Plaintiff for the damages arising from the breach of contractual obligations and the tort of violation of statutes.
B. As to the claim against Defendant B, Defendant B, from the beginning of 2017, introduced I and J as a hot spring developer, and made a sales contract to sell the instant land in KRW 500 million.