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(영문) 부산지방법원 2019.05.29 2018가합50747
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs are both spouses, and the defendant C is a company that acts as a broker for real estate sale and lease, and the defendant D, E, and F are mediation assistants belonging to the defendant C.

In addition, for the purpose of operating mutual-aid projects to guarantee the liability of practicing licensed real estate agents for damages, the Defendant GG Association concluded a mutual-aid agreement (H number) with Defendant C with a mutual-aid corporation established under the Licensed Real Estate Agents Act, which provides the amount of deduction of KRW 200 million and the period of deduction from August 7, 2017 to August 6, 2018.

B. 1) On August 26, 2017, Plaintiff A entered into a sales contract with Defendant D, E, and F as a broker assistant, Plaintiff A and under the supervision of Defendant C (hereinafter “instant seller”).

2) As to the real estate of this case, the real estate of this case shall be the real estate of this case and the 398m2, L, 109m2 and 109m2.

(2) On December 29, 2017, the Plaintiff entered into a sales contract with 4.4 billion won (in the event of a contract, KRW 300 million in the intermediate payment, KRW 100 million in the intermediate payment, until October 16, 2017, and KRW 4.0 billion in the remainder until January 15, 2018) with respect to the purchase price. (2) around the end of November 2017, the Plaintiff requested the instant seller to the effect that the Plaintiff B, his spouse, was added to the joint purchaser of the instant real estate, and the Plaintiffs again entered into the sales contract with respect to the said real estate at KRW 4.4 billion (in the event of a contract, KRW 30 million in the intermediate payment, KRW 100 million in the outstanding payment, until January 2, 2018, and KRW 4 billion in the outstanding payment by March 30, 2018).

3) On August 28, 2017, the Plaintiffs paid KRW 30 million to Defendant C, and the instant seller paid KRW 50 million on August 26, 2017, KRW 200 million on August 28, 2017, KRW 250 million on August 28, 2017, and KRW 400 million on October 19, 2017 as down payment and intermediate payment. However, the Plaintiffs did not pay the remainder of the purchase price, and the instant seller paid the Plaintiffs on April 3, 2018.

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