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(영문) 수원지방법원 2018.03.22 2017나72447
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On May 1, 2015, the Plaintiff purchased the sales price of KRW 370,000,000 from the Co-Defendant B of the first instance trial and the building on land (hereinafter “instant land and building”) in Maan-gu, Maan-gu, Mayang-si (hereinafter “the instant building”). The Plaintiff concluded a sales contract with the Plaintiff that KRW 20,000,000,000 for the intermediate payment, KRW 20,000 for the sales contract, and the intermediate payment, KRW 330,000 for the remainder payment on September 30, 2015 (hereinafter “instant sales contract”). The Defendant, as a real estate intermediary, arranged the instant sales contract as a real estate broker.

B. The special terms and conditions of the sales contract, which were entered into at the time of the instant sales contract, include “1. The sales contract was entered into at present facilities, and the certificate of registered matters is confirmed and entered into,” and “water: whether the water is destroyed or damaged, the volume of water, gas (using), and fuel supply: The supply method - the individual supply method, the kind of urban gas, and the kind of gas.”

C. However, in fact, no waterworks and gas facilities are installed in the instant building.

On July 9, 2015, the Plaintiff, with the consent of B, changed the use of the second floor of the instant building from a neighborhood living facility to a detached house, paid the balance of the purchase price to B on July 26, 2015, and completed the registration of ownership transfer on the instant land and building on July 27, 201.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 1 to 5 (including each number), Eul's testimony and the purport of whole pleadings

2. Determination as to the cause of claim

A. According to the Licensed Real Estate Agent Act, a licensed real estate agent is liable to compensate the transaction party for the damages caused by intention or negligence in doing the act of brokerage (Article 30(1) and brokerage of the Licensed Real Estate Agent Act).

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