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1. Of the part against the Defendants in the judgment of the first instance, the part against the Plaintiff ordering payment is against the Defendants.
Reasons
1. Basic facts
A. On March 12, 2016, the Plaintiff entered into the instant contract with the co-defendant B of the first instance trial to lease the lease deposit amount of KRW 100,00,000,000, and from March 31, 2016 to March 30, 2018, the Plaintiff agreed to lease the lease deposit amount of KRW 79,00 square meters (as seen later in the real estate registration book, the G heading 6.82 square meters; hereinafter “instant housing”).
(hereinafter referred to as the “instant contract”). B. The contract prepared at the time of the instant contract is “instant contract.”
The housing of this case has not been approved or registered at the time of the contract of this case, and the contract of this case contains a special clause stating that "(the lessor is before the present completion inspection, and the lessee shall present a certified copy of the register to the lessee after the completion inspection."
C. Defendant C, as a practicing licensed real estate agent, mediated the conclusion of the instant contract, and Defendant D Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C to compensate for the damage incurred to the transaction party by intention or negligence in performing real estate brokerage as provided by the Licensed Real Estate Agents Act.
The Plaintiff paid B KRW 50,000,000,000 on March 12, 2016, and KRW 50,000 on March 29, 2016, respectively, as lease deposit, and transferred the instant house from B around March 29, 2016.
E. On September 21, 2016, the Plaintiff made a move-in report to the lot number and number of houses of the instant house as stated in the instant contract (No. 100,000 E building F), and obtained a fixed date in the instant contract.
F. B completed the registration of initial ownership on the instant housing on December 23, 2016, and the building number of the instant housing on the registry is indicated as “Gho Lake” of the same lot number, unlike the indication indicated in the instant contract.
G. The instant housing.