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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The court's explanation on this part of the facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
(a) A practicing licensed real estate agent who has received a request for brokerage of the duty of care of a licensed real estate agent shall, before the brokerage is completed, confirm the state, location and right relationship of the relevant object of brokerage, transaction or use restrictions under Acts and subordinate statutes, and other matters prescribed by Presidential Decree, and explain them faithfully and correctly to the brokerage client who intends to acquire the right of the relevant object of brokerage, and present the evidentiary materials of the explanation, such
(1) Article 25(1) of the Licensed Real Estate Agents Act provides that at the time of brokerage, the Defendant, at the time of brokerage, has a duty of care to clearly explain to the Plaintiff that the ownership of the instant real estate, which is the content of the trust of the instant real estate and the legal relationship based on the trust, belongs to the F Co., Ltd. (hereinafter “F”), the sales price is paid to F and is used in repayment of the beneficiary’s debts, and the sales contract concluded without F’s consent, has no effect on F.
B. Comprehensively taking account of the following circumstances acknowledged in addition to the purport of the entire arguments presented by the Defendant, it is reasonable to deem that the Defendant breached its duty to explain as a licensed real estate agent at the time of mediating the instant sales contract.
At the time of mediating the instant sales contract, the Defendant displayed the copy of the register and the aggregate building register of the instant real estate, and accordingly, prepared a confirmation and explanatory note (Evidence No. 4-2) as to the instant real estate. The “rights relationship” column of the said explanatory note is as to the “ownership” according to the entry in the register: Land - F, and buildings.