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(영문) 전주지방법원 2016.12.02 2016가합1365
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

On November 6, 2012, D Co., Ltd. (hereinafter referred to as “D”) entered into a sales agency agreement with LADD Co., Ltd. (hereinafter referred to as “LA”) on a sales agency agreement with 293 households in ELA-si, YA-si (hereinafter referred to as “the apartment of this case”) prior to the ownership of ELA-si, and requested the Defendant who operates the real estate rental business to mediate the sales of the above apartment.

On December 10, 2012, the plaintiffs entered into a contract under which the plaintiff A will purchase the 34 units of the apartment house in this case, and the plaintiff B will purchase the above 31 units of the apartment house in 18 million won per household unit (hereinafter "the sales contract in this case") with the defendant's brokerage commission, and the plaintiff B will pay the defendant the 500,000 won per household, and the 1 million won per household.

According to the above contract and agreement, the plaintiffs deposited a total of KRW 7 billion in an account in the name of certified judicial scrivener F who vicariously executes the registration of ownership transfer on the apartment of this case under the pretext of the purchase price and brokerage commission [Plaintiff A34 households 】 (1.8 million won)] [Plaintiff B31 households 】 (1.8 million won per one million won)];].

On December 14, 2012, the Defendant received 38 billion won out of the above KRW 7 billion amount of KRW 68 million from F.

【Ground of recognition” without any dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, the assertion of the purport of the whole pleadings, and the gist of the plaintiffs’ assertion that the defendant asserted that the apartment of this case was requested D to sell the apartment of this case at KRW 14 million per household unit purchase price. However, the defendant deceivings the plaintiffs to purchase the apartment of this case at KRW 18 million and let them purchase the above apartment of KRW 38 million from the plaintiffs, thereby deceiving them to purchase the above apartment of KRW 48 million,00,000,000 ( KRW 38 million x 5,000,000) other than the above KRW 260,000 from the plaintiffs.

Therefore, the defendant is liable to compensate for damages caused by the illegal act, which is KRW 260 million to the plaintiff A, KRW 136 million.

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