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(영문) 부산지방법원 2017.08.22 2016가단54380
손해배상(기)
Text

1. The Defendants jointly share KRW 10,388,00 for the Plaintiff and the Defendant Korean Licensed Real Estate Agent Association on December 2, 2016.

Reasons

1. Basic facts

A. Defendant C is a licensed real estate agent operating the E Licensed Real Estate Agent Office; Defendant B is a brokerage assistant of the brokerage office operated by Defendant C; Defendant D is a licensed real estate agent operating the F Licensed Real Estate Agent Office; Defendant Korea Licensed Real Estate Agent Association is a mutual aid contractor which entered into a mutual aid agreement with Defendant C and D to guarantee liability for property damage caused to the transaction parties intentionally or by negligence while engaging in real estate brokerage.

B. The Plaintiff was operating a child-care center in the building of 2133 square meters in Busan Young-do, Busan Metropolitan City (hereinafter “instant building”). However, on January 26, 2015, the Plaintiff entered into a sales contract with I for the purchase price of KRW 166,400,000 (hereinafter “instant sales contract”) with regard to the land adjacent to the instant building, which was the joint brokerage of Defendant B and D, and for the use as a parking lot and access road necessary for the operation of a child-care center, and completed the registration of ownership transfer on February 25, 2015.

C. The instant land was connected with part of 4770 square meters of the land for the J School site in Busan Metropolitan City, which is a state-owned land (attached Form 1; Form 3; Form 1; Form 1; Form 1; hereinafter referred to as “instant State-owned land”); and part of 61 square meters of the land for the Busan Metropolitan City, the State-owned land (attached Form 1; hereinafter referred to as “attached Form 1”; however, the instant land was used as a parking lot along with the instant State-owned land (the instant land was purchased on January 3, 2017 and completed the registration of ownership transfer on March 22, 2017).

On the other hand, Defendant C was subject to the administrative disposition of cancellation of registration of a brokerage office as it lent the registration certificate of the brokerage office to Defendant B in connection with the brokerage of the instant sales contract, and Defendant D prepared a confirmation and explanatory note of the object of brokerage in connection with the brokerage of the instant sales contract.

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