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(영문) 대구지방법원 2015.06.02 2014가단125944
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is the buyer of land for factory located in Busan Metropolitan City D, 2280.9 square meters, general steel bars and steel concrete buildings 1526.87 square meters (hereinafter the above real estate), and E is the seller of the above real estate.

Defendant B is a licensed real estate agent operating G Licensed Real Estate Agent Office in Busan City F, and Defendant C was a brokerage assistant of Defendant B.

On March 16, 2012, the Defendant Korean Licensed Real Estate Agent Association concluded a mutual aid agreement between Defendant B to guarantee the broker’s liability for damages by setting the deductible amount of KRW 100 million and the period of mutual aid from March 26, 2012 to March 25, 2013.

On November 20, 2012, the Plaintiff entered into a sales contract with Defendant B and C as a broker for the said real estate.

Upon entering into a sales contract, E had confirmed that the above real estate was delinquent in local tax of KRW 1 million from the Gyeongsan City, and the transfer income tax of KRW 30 million is delinquent from the Do Daegu Tax Office, and E had confirmed that there was no other debt except for E's debt of KRW 500 million with respect to H's debt to Daegu Bank.

[Ground of recognition] 1, 2, and 3 evidence Nos. 1, 2, and 3 were written. 2. The plaintiff's assertion made a promise to immediately resolve the attachment of the Dong Daegu Tax Office and the Silsan City Viewers, and the defendant B and C promised to be responsible for it.

However, on November 22, 2012, after the conclusion of a real estate sales contract, E did not abide by the said promise. On November 22, 2012, after the conclusion of a real estate sales contract, E had the Credit Guarantee Fund registered the establishment of a neighboring mortgage amount of 18 million won with respect to the said real estate. On November 22, 2012, the Daegu District Court received Gyeongsan District Court’s receipt of a claim amounting to 469,300,000 won under the name of the creditor Korea Technology Credit Guarantee Fund as of November 27, 2012, the provisional attachment registration of 3,107,824 won under the name of creditor I, and the provisional attachment registration of 3,107,824 won under the name of creditor on December 27, 2012.

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