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(영문) 창원지방법원 2019.05.09 2018가단7736
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion (1) on July 28, 2009, the Plaintiff purchased from Changwon-si’s counter D 700 square meters of forest land (hereinafter “instant land”) for KRW 110 million under the Defendant’s brokerage.

At the time, the sale and purchase of the above land was conducted on the condition that the seller C shall complete the construction work necessary for the creation of a site for electric power resource.

(2) However, C did not complete the construction work required for the instant land later, and incurred losses incurred by C, which would incur a total of KRW 40,050,000,000, by performing the construction work instead of the Plaintiff.

(3) The Defendant or his brokerage assistant E, despite the fact that there was a problem in the creation of the housing site for the instant land, was unaware of the Plaintiff by stating that there was no problem in the creation of the housing site, and that the necessary administrative procedures, etc. have been completed, or by the brokerage negligence, caused damages to the Plaintiff by mediating the Plaintiff’s purchase of the instant land.

2. Each statement in Gap evidence Nos. 1 and 5 alone is insufficient to recognize the defendant's deception or brokerage negligence as alleged by the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

(B) The Plaintiff’s claim of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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