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(영문) 인천지방법원 2020.12.23 2018가단252488
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. On February 3, 2018, under the mediation of Defendant JJ, the Plaintiff entered into a sales contract with Defendant I, setting the sales price of KRW 336 million for the Nam-gu Incheon Metropolitan City K detached Housing (hereinafter “instant Housing”) (hereinafter “instant sales contract”) with Defendant I, and the same year as the down payment.

3.20. The intermediate payment 10 million won, and the same year;

4. Dec. 20, 12.26 million won was paid, and the Plaintiff stated in the warden that the Plaintiff paid KRW 200,600,000 on April 12, 2018, but this appears to be a clerical error of KRW 206,00,000.

The registration of ownership transfer is completed with the rest of the plaintiffs, and is residing in the above house.

B. The special terms and conditions of the instant sales contract stipulate as follows: “The actual condition of a facility is a contract and based on a certified copy of the register”; and “the buyer is a contract after thoroughly checking the site.”

C. The instant house was completed in 1984, and the certified copy of the register does not state the first registered matters concerning the registration of preservation of ownership, and on September 23, 1987, the registration of transfer of ownership in the name of Nonparty L was entered in No. 1 in Section A.

On the other hand, the letter of confirmation of the object of brokerage prepared by Defendant J as to the instant house and delivered to both parties is indicated as “the conditions of drainage” and “no leakage”, and the column for the year of completion of the building is blank.

(e) Articles 25(1) and 25(1) of the Licensed Real Estate Agents Act (Confirmation and explanation of the object of brokerage) (1) Upon receipt of a request for brokerage, Defendant J shall verify the following matters before the brokerage is completed and explain such matters faithfully and correctly to the brokerage client who intends to acquire the right to the object of brokerage, and present the relevant evidentiary materials, such as a certified copy of land cadastre or a comprehensive real estate registration certificate, and a certificate of registration

1. Current state, location and right relationship of the relevant object of brokerage;

2. The provisions of Acts and subordinate statutes;

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