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(영문) 서울고등법원 2013.01.17 2012나10104
매매대금반환 등
Text

1. Of the ancillary claims of the first instance judgment, the part against the Plaintiff ordering payment as set forth below.

Reasons

Basic Facts

The following facts are not disputed between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1 through 3, Gap evidence 4, 5, 8, 9, Gap evidence 10-1 through 3, Eul evidence 21-7 through 10, Eul evidence 3-1 through 5, Eul evidence 5-1 through 4, Eul evidence 8 through 10, Eul evidence 11-1 through 3, Eul evidence 12 and 13, and the fact inquiry results with respect to the head of the Gun of the first instance court.

Defendant B is a person who provides brokerage assistance at the real estate brokerage office located in the Gu E during the period of Gyeyang-gu, and Defendant C is a private village of Defendant B, and Defendant D is a person who provides brokerage assistance at the real estate brokerage office located in the Gu F during Gyeyang-gu.

However, all the defendants do not have a licensed real estate agent qualification certificate.

In around 202, the Plaintiff purchased the Gu P Apartment, etc. from Defendant B’s solicitation during the period of Ansan-si, and purchased real estate, etc. with the belief of Defendant B to obtain marginal profits from the market price of the apartment.

From May 2007, the Defendants introduced the Plaintiff and other investors including Q and R to purchase T land in Taean-gun, Chungcheongnam-gun, and actively recommended purchase. The Defendants introduced the name of V real estate in Taean-gun, U.S. to the purchaser and arranged Q and R to purchase the land in Taean-gun, Taean-gun.

On the other hand, the defendants intended to resell the large-scale land after purchasing it, or to enjoy marginal profits from market price by resale after the construction of housing site.

Accordingly, the Defendants from Y on June 2, 2007 to Y on the introduction of the above W and X, and from K on July 5, 2007, the following:

As seen in the paragraph, it concluded a sales contract to purchase land AA 4 (hereinafter referred to as “instant related land”) in Taean-gun, Taean-gun.

Before the merger of the sales contract between the Defendants and K.

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