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(영문) 광주지방법원 2018.06.15 2017가단502151
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff with KRW 27 million and Defendant C with respect thereto from February 7, 2017, and Defendant D Association.

Reasons

1. Facts of recognition;

A. Defendant C is a licensed real estate agent conducting brokerage business under the trade name of “E Licensed Real Estate Agent Office,” and Defendant D Association (hereinafter “Defendant Association”) is a mutual aid business entity which has entered into a mutual aid agreement with Defendant C with the content that the liability for damages incurred to a transaction party due to intentional or negligent conduct of real estate brokerage as provided by the Licensed Real Estate Agent Act shall be guaranteed within the limit of the amount of the insurance coverage (hereinafter “instant mutual aid agreement”).

B. On May 1, 2015, Defendant C placed an advertisement in the F press to the effect that “Itel may be sold at a discount on the ground of non-H and four lots of land in Gwangju, Seo-gu, where the company outside the Republic of Korea (hereinafter “the company outside the Republic of Korea”) constructed.” The Plaintiff, who reported the said advertisement, introduced the said Itel J (hereinafter “the instant officetel”) and recommended sale.

C. On May 9, 2015, the Plaintiff remitted KRW 4 million to Defendant C’s account as down payment, and on May 13, 2015, the Plaintiff entered into a sales contract with Defendant C to sell the instant officetels at KRW 72,50 million with respect to the non-party company and the instant officetel at the sales office of the non-party company (hereinafter “instant sales contract”), and deposited KRW 50 million with the non-party company, and paid KRW 40,000 as brokerage commission to Defendant C.

On March 23, 2012, while carrying out the business of selling Itel on the land outside Seo-gu, Seo-gu, Gwangju and four lots (hereinafter “instant project site”), Nonparty Co., Ltd. entered into a sale management trust agreement with K Co., Ltd. (hereinafter “L”) and a business agreement and an agency agreement based thereon.

(hereinafter “instant trust contract”). The key content of the contract is the instant trust company.

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