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서울중앙지방법원 2016.08.12 2015나68347

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly share the Plaintiff with KRW 30,000,000,000.


1. The reasons why the court should explain this part of the facts of recognition are the same as the part of the "1. Basic Facts" among the reasons for the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The following circumstances found as a result of the above recognition of liability for damages, i.e., the market price of the land and building of this case at the time of the conclusion of the lease contract of this case, was 568,370,000,000 won. If Defendant B did not encourage the Plaintiff to conclude the contract of this case as the market price of the land and building of this case was safe, the Plaintiff would have not concluded the contract of this case. The Plaintiff would have believed that the horse of Defendant B, a licensed real estate agent, was trusted about the actual market price of the land and building of this case and would have reached the contract of this case. Defendant C, in fact, neglected the office of the real estate agent, even though Defendant B was disqualified as a licensed real estate agent. However, if Defendant B was liable for damages to the Plaintiff by taking account of the fact that the market price of the previous licensed real estate agent’s business and report of real estate transactions (amended by Act No. 11690, Mar. 23, 2013) is not included in the market price of the Defendant B’s act.

B. However, prior to the conclusion of the instant lease agreement, the Plaintiff also resided in the Dongjak-gu Seoul Metropolitan Government Q, the neighboring land, and on March 19, 2010, the land and buildings of this case were sold in KRW 430 million, and on the Internet.