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(영문) 부산지방법원서부지원 2020.11.20 2020가단105171
손해배상(기)
Text

1. The defendant's KRW 26,650,00 for the plaintiff and 5% per annum from May 26, 2020 to November 20, 2020 for the plaintiff.

Reasons

1. Basic facts

A. On January 9, 2019, the Plaintiff, as a broker of the Defendant, as a licensed real estate agent, concluded a sales contract with F, claiming that the Plaintiff is the agent of C and D with respect to E and above-ground household buildings (hereinafter “instant real estate”) for the purchase price of KRW 545,00,000 (hereinafter “first sales contract”).

B. At the time of the conclusion of the above 1 sale contract, “F” delegated F with all rights related to the sale and purchase of the instant real estate to F, and delivered the power of delegation to the Plaintiff on January 7, 2019, and the said power of delegation did not contain C’s certificate of personal seal impression, and the Defendant did not directly confirm the intention of sale to C and D, the owner.

C. The Plaintiff decided to cancel the first sale contract with F on January 30, 2019. However, the Plaintiff first agreed to preferentially pay F the intermediate payment of KRW 100,000,000,000, which was stipulated in the said sale contract, but agreed to receive a refund of KRW 140,000 in total the down payment and intermediate payment from F until April 30, 2019, and the said agreement was also made as a broker by the Defendant.

F c) above:

Notwithstanding the agreement, the Plaintiff did not pay KRW 140,000,000 until April 30, 2019, and did not pay KRW 140,000,000 to the Plaintiff and subsequently concluded a contract again with the reduction of the purchase price. On June 3, 2019, the Plaintiff agreed with F and F to reduce the purchase price of the instant real estate at KRW 500,000,000, which shall be paid as the preexisting down payment and intermediate payment, and the second sale contract (hereinafter referred to as “the second sale contract”) which shall substitute for the payment of down payment and intermediate payment.

B. At the time of the conclusion of the above sales contract, the defendant was acting as a broker.

On the other hand, the seller's column of the second sales contract prepared at the time of the second sales contract had the F seal, not the owner's seal, but the owner's seal, and the defendant did not separately confirm the seller's intention of selling C and D.

E. On June 3, 2019, the Plaintiff concluded a second sale contract, and KRW 3,300,000.

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