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(영문) 서울중앙지방법원 2015.12.10 2015나42833
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. The defendant is a licensed real estate agent operating the C Licensed Real Estate Agent Office, and D is a brokerage assistant of the defendant.

B. On June 26, 2013, the Plaintiff purchased the instant real estate in the purchase price of KRW 2,135,000,000 from the Gangnam-gu Seoul Metropolitan Government F&W 295.1 square meters and the multi-family house (nine households) on the said land (hereinafter collectively referred to as “instant real estate”). On September 30, 2013, the Plaintiff completed the registration of ownership transfer on the instant real estate in the future of the Plaintiff on September 30, 2013.

C. Upon entering into the instant sales contract, the Plaintiff and the said D prepared a description and explanatory note of the object of brokerage (hereinafter “instant confirmation and explanatory note”), and the “the state of wall face and wall distribution” of the confirmation and explanatory note of the instant case stated “the wall is nonexistent, no wall is available, and it is common.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 2 (including each number, hereinafter the same shall apply) and the purport of the whole pleading

2. Relevant statutes;

A. Article 2 (Definition of Terms used in this Act) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (Amended by Act No. 11943, Jul. 17, 2013; hereinafter “former Licensed Real Estate Agents Act”) is defined as follows:

6. The term "mediation assistant" means a person who is not a licensed real estate agent, but assists the simple business related to the brokerage of a broker, such as guidance on the site of the object of brokerage, general affairs, etc., by belonging to the broker;

Article 15 (Reporting, etc. of Employees) (2) Business activities of affiliated licensed real estate agents or brokerage assistants affiliated with a broker shall be considered as those of the broker who employs such agent.

Article 25 (Confirmation and Explanation of Object of Brokerage) (1) Where a broker is requested to act as a broker, he/she shall confirm the following matters before the brokerage is completed and confirm it to the broker who intends to acquire the right to the object of brokerage concerned:

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