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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around March 26, 2007, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant B, who purchased E Apartments reconstructed (hereinafter “instant apartments”) reconstructed on the ground and four parcels, to purchase KRW 140 million (the purchase price of KRW 50 million on the date of the contract, the intermediate payment of KRW 50 million until April 6, 2007, to pay KRW 40 million until April 6, 2007, as well as the remainder of KRW 40 million until May 31, 2007) (hereinafter “instant sales contract”).
B. At the time of the conclusion of the above sales contract, the seller (C) delivered all the documents necessary for the registration of transfer of ownership to the buyer (the Plaintiff) by May 31, 2007, and the contract is rescinded at the time of the violation. At the same time, the seller simultaneously pays twice the down payment to the buyer as a penalty. The seller pays the present resident by the time of May 7, 2007. At the same time, the seller pays the intermediate payment to the buyer, and at the same time, pays the part payment to other goods as collateral.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Although Defendant B, a certified broker, has a duty to investigate and confirm the relationship of rights, etc. of the object of brokerage with the care of a good manager at the time of brokerage and explain it to the Plaintiff as the client, in violation of such duty, thereby incurring a total of KRW 100 million ( KRW 50 million in contract amount, intermediate payment, KRW 50 million in intermediate payment) damages to the Plaintiff. Defendant B, a certified broker, has a duty to compensate the Plaintiff for the said illegal act committed by the broker or the broker under his/her control or the broker under the Civil Act, or the partner’s responsibility under the Civil Act, with respect to the said illegal act committed by the broker or the partner.
As such, Defendant B’s Plaintiff.