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(영문) 서울남부지방법원 2017.08.08 2017가단214750
손해배상(기)
Text

1. The Defendants jointly share KRW 45,000,000 with respect to the Plaintiff and the period from October 15, 2016 to April 13, 2017.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association for the mutual aid period of KRW 100,000,000 and the period of mutual aid between August 21, 2016 and August 20, 2017.

B. On October 15, 2016, the Plaintiff entered into a contract under which Nonparty C (hereinafter “Nonindicted Company”) was the agent of Nonparty C (hereinafter “Nonindicted Company”) and Nonparty C (hereinafter “instant apartment”) to purchase E apartment 107 dong 2001 (hereinafter “instant apartment”) owned by Nonparty Company as the broker of Defendant B, and paid 45,000,000 won as down payment to D.

C. On October 28, 2016, the registration of ownership transfer was completed on the instant apartment.

As the Plaintiff resisted to Defendant B and D, Defendant B voluntarily prepared and delivered a sales contract stating F on November 14, 2016 to the Plaintiff as the seller and the Plaintiff as the buyer.

On the 17th day of the same month, G registered provisional disposition prohibiting the disposal of the apartment of this case.

D Although the non-party company did not have been entrusted with the power to sell the apartment of this case by the non-party company, the power of attorney in the name of the non-party company was forged and carried out as if the non-party company was the representative of the non-party company, and the defendant B did not confirm the existence of the power of attorney D and

E. On December 23, 2016, the Plaintiff filed a lawsuit claiming damages against Nonparty Company, H, I, and D for tort (Seoul Southern District Court 2016dan264840).

[Reasons for Recognition] Facts without a dispute, entry of Gap evidence 1 to 10 (including branch numbers), the purport of the whole pleadings

2. Determination

A. According to the facts stated in Paragraph (1) of the cause of the claim, Defendant B is jointly liable to compensate for damages arising from the nonperformance of obligation as a real estate broker or tort, and Defendant Korean Licensed Real Estate Agent Association entered into a mutual aid agreement with Defendant B, and the Plaintiff is jointly liable.

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