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(영문) 광주지방법원 2018.09.21 2017가단509916
손해배상(기)
Text

1. The Defendants jointly share KRW 94,695,00 for the Plaintiff, and Defendant B and C among them are 35,000,000.

Reasons

1. Basic facts

A. Status 1 of the parties is E Co., Ltd. (hereinafter “E”).

) The Seo-gu, Seo-gu, Gwangju and four lots of land (hereinafter “instant project site”).

Gtel in Gtel (hereinafter referred to as “instant officetel”)

(2) Defendant B is a licensed real estate agent operating a mutual authorized brokerage office of H, and Defendant C is a brokerage assistant working at the said licensed real estate agent office.

3) Defendant D Association (hereinafter “Defendant Association”)

(1) In the case of the act of real estate brokerage as stipulated in the Licensed Real Estate Agent Act between the Defendant B and the transaction party, the mutual aid agreement with the content that the liability for damages incurred to the transaction party by intention or negligence shall not exceed KRW 100 million within the limit of the subscription amount (hereinafter “instant mutual aid agreement”).

B) A mutual aid business entity that entered into the instant officetel is the mutual aid business entity. (B) E entered into a business agreement and a proxy contract on March 23, 2012 with the I Co., Ltd. (former trade name: J Co., Ltd.; hereinafter “instant trust business entity”).

(2) On March 23, 2012, E is a trust contract for sales management with the instant trust company under the instant officetel business agreement (hereinafter “instant officetel trust contract”).

A) On the same day, the instant trust company completed the registration of ownership transfer on the ground of trust with respect to the instant business site. (3) According to the instant officetel business agreement and trust agreement, the instant trust company manages the instant business site and officetel’s ownership in trust, and E proceeds from the instant trust company in consultation with the instant trust company, such as the conclusion of the sales contract, and the instant trust company establishes a deposit and fund management account.

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