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(영문) 광주지방법원 2018.04.20 2017나59573
손해배상(기)
Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendants.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as follows, except where the court additionally determines the part emphasizing the Defendants as follows, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendants’ assertion is merely that, in entering into each of the instant parcelling-out contracts with the Plaintiffs, L&C development acted as a sales agency for the mediation thereof. The Defendants’ above act constitutes a “sale agency” that is distinguished from that of the Licensed Real Estate Agents Act.

Therefore, the Defendants cannot be deemed to have inflicted damages on the Plaintiffs in violation of the duty of confirmation and explanation under the Licensed Real Estate Agents Act.

B. 1) Determination 1) The term "mediation" under the Licensed Real Estate Agents Act means mediation of sale, exchange, lease, and other acquisition, loss, and other rights between parties to a transaction regarding the object of brokerage (Article 2 subparagraph 1 of the Licensed Real Estate Agents Act); and the term "subject matter of brokerage" includes land, buildings, and other fixtures on land and other property rights and things prescribed by the Presidential Decree (Article 3 of the same Act); and in light of the purport of the legal provisions aimed at protecting a transaction party, the determination of whether a broker is a broker's intention to mediate a transaction on behalf of a transaction party should not be made based on the subjective intent of the broker, not on the basis of whether the broker's act objectively deemed as an act of arranging a transaction in light of social norms (see, e.g., Supreme Court Decision 2005Da5508, Feb. 8, 2007). In light of the above legal principles, in light of the above legal principles, the following circumstances can be revealed based on the health stand, the facts acknowledged earlier, and the following circumstances.

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