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(영문) 광주지방법원 2018.11.15 2017가단518569
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff, KRW 21,870,000, and against Defendant B, from September 6, 2016.

Reasons

1. Facts of recognition;

A. Defendants B related to the parties are licensed real estate agents operating the “C Licensed Real Estate Agent Office”, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which has concluded a mutual aid agreement between Defendant B and the parties to the transaction, which imposes liability for damages to compensate for the damages incurred to the transaction parties due to intention or negligence in performing real estate brokerage as provided by the Licensed Real Estate Agent Act between Defendant B and the parties.

B. Article 426 of the fourth floor of the D Building, Seo-gu, Gwangju, the right relation to the instant real estate (hereinafter “instant real estate”) was owned E. The establishment registration of the first class neighborhood mortgage (hereinafter “the first class collective mortgage”) which is the creditor salt Saemaul Bank, the maximum debt amount of which is KRW 963,30,000, and the debtor E, and the creditor E, “Bason Red Co., Ltd., the maximum debt amount of which is KRW 915,00,000, and the second class collective mortgage registration (hereinafter “the second class collective mortgage”) was completed.

C. (1) On August 4, 2016, the Plaintiff agreed to purchase the instant real estate as a broker by Defendant B, and transferred KRW 7,000,000 to the company bank account (F; hereinafter “instant account”) in the name of Defendant B as a provisional contract deposit.

(2) Subsequent to August 5, 2016, the Plaintiff determined the purchase price of the instant real estate as KRW 77,50,000; the down payment of KRW 17,000,000 on the date of the contract; the remainder of KRW 60,50,000 on the date of the contract; and the remainder of KRW 60,50,000 on September 1, 2016; the seller’s settlement of various taxes, public charges, and loans based on a special agreement; and the documents necessary for the remainder payment and the registration of transfer of ownership are simultaneously performed.

(b) after the conclusion of the contract;

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