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(영문) 인천지방법원부천지원 2020.02.12 2019가단13638
수분양권 양도대금 등 반환청구의 소
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1. The Defendant’s KRW 17,065,00 for the Plaintiff and KRW 5% per annum from September 4, 2018 to February 12, 2020.

Reasons

1.The facts which have no dispute are subject to no dispute between the parties:

On January 11, 2018, Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a sales contract (hereinafter “instant sales contract”) with Nonparty D to sell the E-building F at KRW 366,60,000 for the purchase price (hereinafter “instant sales contract”).

B. On August 30, 2018, the Defendant, a licensed real estate agent, operating a real estate brokerage office under the trade name of G Licensed Real Estate Agent, mediated Nonparty H to sell the sales right at KRW 75,065,00 to the Plaintiff, which is prohibited from resale around August 30, 2018.

C. Accordingly, the Plaintiff paid the purchase price in KRW 5 million on the same day, and KRW 70,065,000 on September 3, 2018, respectively.

On the other hand, on December 11, 2018, Nonparty Company cancelled the instant sales contract with D for the reason of violating the Housing Act, such as disguised transfer, etc.

2. The gist of the Plaintiff’s assertion is the cause of the instant claim. The Defendant, in violation of Article 33 subparag. 7 of the Licensed Real Estate Agents Act, mediated the sale of the sales of the sales right prohibited from resale, and did not properly explain the sales right, which is the object of brokerage, in violation of Article 25(1) of the Licensed Real Estate Agents Act, and instead, the seller of the sales right is Nonparty I, and the seller of the sales right is Nonparty I, and the purchase price is KRW 75,065,00, by deceiving the Plaintiff to acquire the purchase price equivalent to the purchase price, thereby seeking compensation for damages equivalent

3. Determination

A. First of all, regarding the assertion of violation of Article 33 subparag. 7 of the Licensed Real Estate Agents Act, the fact that the defendant mediated the sale and purchase of the selling and purchase of the selling and purchase of the selling and purchase of the selling and purchase of the selling and purchase of the selling and sale of the selling and purchase of the selling and sale of the selling and sale of the selling and sale of the selling and sale of the selling and the sale of the selling and sale of the selling and sale of the selling and sale of the selling and the sale and sale of the selling and sale of the selling and sale

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