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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On October 25, 2010, Plaintiff B entered into a contract with E (hereinafter “E”) to purchase the instant shopping mall Nos. 63,300,000 won, and Plaintiff A entered into a contract with each of the instant shopping mall Nos. 68,575,000 won from E on October 28, 2010 (hereinafter “instant sales contract”).
B. Following the change in the design drawings, the instant shopping mall H was changed to I, and G, by J.
C. The Plaintiffs paid all the sales price under the instant sales contract to E, but failed to have the ownership of the said commercial building transferred.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 6, 7 (including virtual number), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' assertion as a licensed real estate agent did not properly confirm the legal relationship of the commercial building of this case, which is the object of brokerage, and to explain it to the plaintiffs despite their duty to do so. Thus, even if the plaintiffs concluded a sales contract for the commercial building of this case and paid the sales price in full, they suffered losses not to transfer the ownership of the commercial building of this case.
Therefore, the defendant is a licensed real estate agent who has arranged the commercial building of this case and is liable for damages equivalent to the purchase price suffered by the plaintiffs due to the sales contract of this case.
B. The defendant's assertion that the defendant only introduced the commercial building of this case to the plaintiffs and did not act as a broker.
Even if the defendant acted as a broker for the commercial building of this case, there is no reason for the defendant to believe that the plaintiffs did not acquire the ownership of the commercial building of this case.
Preliminaryly, the damage claim asserted by the plaintiff is a commercial claim and the five-year extinctive prescription has expired.
3. Determination
A. Whether the act of brokerage constitutes the Licensed Real Estate Agent Act.