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(영문) 서울고등법원 2012.08.24 2011나88087
손해배상(기)등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The conclusion of a mutual aid agreement (1) Co-Defendant D (hereinafter “D”) of the first instance trial is a licensed real estate agent who registered his/her brokerage business on December 16, 2003, and run real estate brokerage business under the trade name “P” in Gwangju CityO from around that time to around December 2008, and “R” in Q of Gwangju City from around 2008 to around 2012.

(2) In a case where a mutual-aid policyholder, who is a real estate broker, intentionally or negligently, causes property damage to a transaction party while acting as a real estate broker, the Defendant concluded a mutual-aid agreement with D on December 18, 2009, stating that the liability for damages shall be borne by the transaction party pursuant to Article 30(1) of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions. A mutual-aid agreement between D and D on December 24, 2009 and the period of mutual-aid between December 23, 2010 (hereinafter “instant mutual-aid agreement”).

On the other hand, the defendant's provision of Article 19 (9) of the Mutual Aid Regulations provides that "when requested to pay the mutual aid amount by the beneficiary, it shall be paid within 60 days from the date of receipt of the notification, except in extenuating circumstances."

B. On April 4, 2005, G entered into a sales contract with H on a total of KRW 2,230,000,000,000,000 for the aggregate of KRW 26,083 square meters of M forest land, N forest land, 5,355 square meters, and T forest land 46,709 square meters (hereinafter collectively referred to as “the entire forest land of this case”), which was owned by oneself, and received full payment of the said sales amount around that time.

(2) Of the entire forest of this case, T forest land of this case is divided into registration conversion on November 2, 2006, J forest land of 6,091 square meters, E forest land of 38,842 square meters, K forest land of 1,107 square meters, and L forest of 448 square meters. Of the above forest land, E forest land of 38,842 square meters (hereinafter “E forest land before division”) was divided into E forest land of 38,842 square meters on February 27, 2008 and E forest land of 8,767 square meters (hereinafter “1 forest of this case”) and U forest of 30,075 square meters.

(iii).

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