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(영문) 서울중앙지방법원 2014.11.26 2013가단5091347
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 12,500,000 and Defendant B with respect thereto from July 17, 2013.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who has conducted real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office” in Yongsan-gu Seoul, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual-aid business entity established to guarantee liability for damages to the parties to a transaction by causing property damage to a transaction by a mutual-aid policyholder, who is a real estate broker, intentionally or negligently, while engaging in real estate brokerage.

B. Around July 28, 2012, the Defendant Association entered into a mutual aid agreement with Defendant B to pay compensation in accordance with the terms and conditions of mutual aid for the damage in cases where the act of real estate brokerage intentionally or negligently causes property damage to the parties to a transaction, setting the period of mutual aid as KRW 100 million, and from July 28, 2012 to July 27, 2013, the Defendant Association entered into a mutual aid agreement to pay compensation in accordance with the mutual aid agreement.

C. On January 30, 2013, the Plaintiff: (a) concluded a sales contract with G’s agent, the owner of the instant land, to purchase and engage in development activities, etc. (hereinafter “instant land”); (b) KRW 600,000,000,000,000,0000 for the instant land; and (c) paid KRW 100,000,000 for the remainder by February 28, 2013 (hereinafter “instant sales contract”); and (d) paid KRW 100,000,000 for the said down payment to G; and (b) Defendant B arranged the instant sales contract as a licensed real estate agent.

On the other hand, the land of this case at the time of the sales contract of this case refers to the biological habitat that is clearly distinguishable from other places on the ground surface by a specific plant and animal as a single living community, and the land of this case at the time of the sales contract of this case shall be absolutely preserved for the entire target land.

Article 24 and [Attachment Table 1] subparagraph 1 (a) of the Seoul Special Metropolitan City Ordinance on Urban Planning.

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