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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On September 10, 2014, the Plaintiff purchased 1,316 square meters (hereinafter “instant land”) prior to D, Gancheon-gun, Chungcheongnam-do.
B. On December 25, 2014, the Plaintiff entered into a contract to sell the instant land to E in KRW 12,000,000 without being transferred the registration of ownership transfer with respect to the instant land.
The sales contract for the land of this case is written by C, E, the buyer, the Plaintiff’s father, G, the buyer’s agent, the buyer’s agent, the buyer’s agent, and the Defendant respectively.
C. On December 25, 2014, G entered into a contract with the Plaintiff’s father F, H, I, and J ground housing (hereinafter “instant housing”) for the sale of KRW 4,000,00 with the Plaintiff’s father for KRW 4,00.
The sales contract for the instant housing is written by G as the seller, F, and the Defendant respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 5, 6, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. According to the Plaintiff’s assertion in the instant land sales contract, the down payment is KRW 2,00,000, and in E, the buyer deducted KRW 1,000,000 from the intermediate fee to the Defendant, and only KRW 1,000,000 from the Plaintiff’s agent’s agent. The Defendant received KRW 1,00,000 from E.
However, the defendant, as a licensed real estate agent, did not fulfill his duty to confirm the object of brokerage and explain and did not confirm whether C's power of representation was granted to CF owner on the registry, and accordingly, prepared a real estate sales contract in C's name.
Since the purchase and sale of the instant land was nonexistent due to the Defendant’s fault, the Defendant is obligated to refund KRW 1,000,000 to the Plaintiff.
Preliminaryly, the statutory maximum brokerage commission of the instant land sales contract is KRW 108,000,000, the transaction value of which is KRW 12,000,000.