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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The Defendants, not attorneys-at-law, use the name of an auction asset manager, etc., and run real estate sales and purchase-related real estate business under the trade name of “E Real Estate Investment Office”. From around 2012, the Defendants introduced the objects of auction cases to the Plaintiffs, who are married couple.
B. On June 2013, the Defendants recommended the Plaintiffs to participate in an auction on two parcels, including 6,520 square meters of the F station site in the racing-si, which is the object of the auction in the Daegu District Court and the Daegu District Court and racing support D real estate rental auction, and on the ground, the above real estate (hereinafter collectively referred to as the “instant gas station”).
However, in the auction case, the gas station of this case was initially appraised at KRW 1,883,03,038,280, but all three times of sale was failed at the date of the fourth sale, and the minimum sale amount was reduced to KRW 645,882,00 at the time of July 1, 2013.
C. On July 1, 2013, the Defendants, in consultation with the Plaintiffs, set the bid amount at KRW 888,880,000, followed by obtaining seals, etc. from the Plaintiffs, and submitted them to the auction court under the Plaintiff B’s name, and as a result, Plaintiff B was the bidder at the highest price.
Plaintiff
B On July 8, 2013, after receiving a decision of permission for sale from an auction court, B paid all the proceeds of sale on July 31, 2013, and completed the registration of ownership transfer as to the gas station of this case.
On the other hand, the agreement between the Plaintiffs and the Defendants regarding the case of auction of real estate D with the Daegu District Court and its Daegu District Court (hereinafter “instant agreement”) with the following terms and conditions as the date of concluding the agreement on June 2013.
1) The Plaintiffs and the Defendants conclude this contract in order to distribute profits accrued from the acquisition of real estate at auction in the Daegu District Court and Daegu District Court D real estate rental auction case. 2) The Plaintiffs provided 100% funds necessary to acquire real estate at auction.