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(영문) 수원지방법원 2018.01.12 2017가단531259
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 29, 2016, the Plaintiffs concluded a sales contract of KRW 150,00,000 (hereinafter “instant sales contract”) with respect to part of the G forest land in the Gangwon-gun, Gangwon-do. G forest (hereinafter “instant sales contract”).

B. At the time of entering into the instant sales contract, the above sales contract was prepared in the Defendant’s office for certified judicial scrivener.

C. F had no power to conclude the instant sales contract on behalf of E with the buyer who entered into the sales contract for the entire forest and fields E, and E sent a notice of cancellation of the sales contract with F on January 17, 2017.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 3 (including each number; hereinafter the same shall apply), the result of the plaintiff's personal examination, the purport of the whole pleadings

2. The parties' assertion

A. After entering into the instant sales contract, the Plaintiffs asserted deposited KRW 16,660,00 in total, KRW 16,67,00 in Plaintiff A, KRW 16,67,00 in total, and KRW 16,67,00 in Plaintiff B, and KRW 16,67,00 in total, KRW 16,00 in Plaintiff C.

The Defendant arranged the instant sales contract and received KRW 3,150,000 in return for brokerage from F.

The defendant, as a certified judicial scrivener, has caused damages equivalent to the amount stated in the purport of the claim to the plaintiffs due to negligence in failing to verify whether F has legitimate power of representation even though he/she has a duty to confirm the existence of power of representation in mediating the sales contract of this case. Therefore, the defendant has a duty to compensate the damages suffered

B. The Defendant’s assertion that the sales contract of this case was concluded by a direct agreement between the seller and the purchaser, not by the Defendant, but by a direct agreement between the seller and the purchaser. At the Defendant’s request, the Defendant’s office prepared a sales contract without compensation. Thus, the instant claim is unreasonable.

3. The Defendant arranged the instant sales contract only with the descriptions of the evidence Nos. 1 and 5, and the result of the Plaintiff’s personal examination.

or due to the fault of the defendant.

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