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(영문) 전주지방법원 2017.01.25 2016가합904
손해배상(기)
Text

1. The Defendants are jointly and severally liable.

A. Plaintiff A: 90,196,092;

B. As to Plaintiff B, KRW 42,762,574 and each of them.

Reasons

1. Facts of recognition;

A. The relevant Plaintiffs of the parties are those who purchased the right to sell the E-House E Apartment (referring to the real estate stated in the attached list; hereinafter “the apartment of this case”) at the time of the pre-sale by D (State).

Defendant C is a licensed real estate agent operating the F Licensed Real Estate Agent Office, and G is a brokerage assistant employed by Defendant C, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C with the terms of KRW 100 million, and the period of mutual aid as from January 5, 2007 to April 5, 2017, where Defendant C intentionally or negligently causes property damage to a transaction party in performing real estate brokerage, the mutual aid agreement with the terms of compensating for such damage within the limit of the amount of mutual aid agreement (hereinafter “instant mutual aid agreement”).

B. On January 24, 2014, Plaintiff B entered into a contract for the transfer of sales rights with the content that Plaintiff B would acquire KRW 102 Dong 602 from the transferor H to KRW 19,960,000 among the instant apartment units, and paid the sales price to H and D, respectively.

(2) On February 28, 2014, Plaintiff A entered into a transfer agreement with the transferor I to purchase the sales right of KRW 101,202,00,000,000 among the instant apartment units. Plaintiff A paid the down payment of KRW 24,220,00,000 to I, and the remainder of KRW 72,980,00,00 was transferred to D’s account.

In addition, between J and J on the same day, a contract for transfer or acquisition of the instant apartment units of KRW 102,300,000 among the instant apartment units of this case was concluded and paid KRW 24,220,000 to J, and an intermediate payment of KRW 92,80,000 was decided to succeed to the obligation of the J’s loan, and the remainder of KRW 72,980,000 was transferred to D’s account.

The plaintiffs' transfer or acquisition contract of the right to sell apartment of this case is the case.

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