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(영문) 서울중앙지방법원 2020.07.21 2019가단5105583
손해배상(기)
Text

1. Defendant B’s KRW 48,930,00 for the Plaintiff and KRW 5% per annum from May 21, 2019 to July 21, 2020.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent who runs the real estate brokerage business under the trade name of “D Licensed Real Estate Agent Office”.

Defendant C Association (hereinafter referred to as the “Defendant Association”) is a mutual aid business entity established to guarantee the liability of real estate brokers for damages.

B. The Defendant Association and the Defendant B concluded a mutual aid agreement with the content that sets the deductible amount as KRW 100,000,000 and that, in the event that Defendant B caused property damage to the parties to a transaction by intention or negligence while acting as a broker, it would compensate within the limit of the deductible amount.

C. E received a request from H, the executive company of the F Apartment Co., Ltd. (hereinafter “G”), which is the executive company of the F apartment located in the Hanam-si (hereinafter “the apartment of this case”), that “the executive company colors the person who will purchase the non-public sale tickets,” and asked the Defendant B to search for the aforementioned purchaser of the sale tickets.

Accordingly, around February 22, 2019, Defendant B recommended the purchase of the apartment of this case to the effect that “101A is the J and the sales right of the waiver household is the right of the contract. 69,900,000 won is the first down payment, and thereafter, Defendant B paid the premium of KRW 130,000,000 and the brokerage commission of KRW 10,000 after paying the second down payment, around March 15, 2019, Defendant B recommended the purchase of the apartment of this case in the name of the Plaintiff if the second down payment of KRW 69,90,000 is deposited.”

E. The plaintiff is entitled to sell the apartment of this case under Jho-ho, the right to sell the apartment of this case.

Korea (E) designated by Defendant B on February 25, 2019.

The first down payment of KRW 69,900,000 was deposited with the account of community credit cooperatives in the name.

Then, Defendant B prepared to the Plaintiff a receipt under his own name, stating that he received the down payment.

On the other hand, K receives the above 69,900,000 won from Defendant B, G on the same day.

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