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(영문) 대구지방법원 김천지원 2018.11.01 2017가단35133
손해배상(기)
Text

1. Defendant B and C jointly share KRW 108,820,000 with respect to the Plaintiff and the Plaintiff from May 19, 2017 to November 28, 2017.

Reasons

1. Basic facts

A. Defendant D is a licensed real estate agent at the office of F Licensed Real Estate Agent E located in the Gu, Si, Si (hereinafter “instant brokerage office”), Defendant B is a registered assistant of the instant brokerage office, and Defendant C is the husband of Defendant B.

B. From February 18, 2017 to February 17, 2018, Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant D (hereinafter “instant mutual aid agreement”) with the content that compensates for damage within the limit of KRW 100,000,000, where Defendant D is liable for damage as it causes property damage to the transaction party by intention or negligence as a result of performing brokerage (hereinafter “instant mutual aid agreement”).

C. Around 2016, the Plaintiff’s children and the Defendant B and C’s children were present at the same rank as the G Elementary School in the Gu, the Plaintiff’s wife and the Defendant B and C knew.

After that, around April 2017, Defendant B decided to purchase the sales right of 2,209, Dong 209, Dong 209 (hereinafter “instant shopping mall”) in the name of Defendant C to the Plaintiff and the Plaintiff’s wife. However, it stated that Defendant B would transfer the sales right of 126,820,000 won paid by I, the owner of the existing sales right, to Defendant C and transfer it to the Plaintiff.

(hereinafter, the sales contract between Defendant C and I is called “the first sales contract”).

On April 27, 2017, the Plaintiff concluded a sales contract with Defendant C on an oral basis (hereinafter “the second sales contract”) and paid KRW 126,820,00,000 to the account in the name of Defendant C on April 27, 2017, and to the account in the name of Defendant C, as KRW 70,000,000 on May 2, 2017, and KRW 10,000 on November 11, 200, and KRW 16,820,000 on September 19, 200, and KRW 126,820,00 on the aggregate.

E. After paying the price, the Plaintiff demanded the Defendant B to present the first sale contract agreement, but the Defendant B rejected it, and June 2017.

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