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(영문) 광주지방법원 2018.04.25 2017나53803
손해배상(기)
Text

1. The judgment of the court of first instance is modified to “joint and several” under paragraph (1) of the same Article.

2. The Defendants’ appeal is with merit.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent engaging in real estate brokerage business under the trade name of “E real estate,” and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that has entered into a mutual aid agreement with Defendant B with the parties to a transaction, which guarantees liability for damages within the limit of the amount of the mutual aid agreement, where the mutual aid agreement with Defendant B causes property damage to the parties to the transaction by intention or negligence in performing real estate brokerage as stipulated in the Licensed Real Estate Agent Act.

B. The G&D City Development Co., Ltd. (hereinafter “N&D city development”) is an executor of the new construction of a four-story Round Office, Seo-gu, Seo-gu, Gwangju, and four-story Round Office.

C. Around March 2012, 2012, L&D city development entered into an international trust company (hereinafter “trust company”) and a sale management trust agreement (hereinafter “instant trust agreement”) with an international trust company (hereinafter “trust company”) while carrying out Dtel sales business.

The main contents are as follows: "If the registration of ownership preservation after the construction of a Dtel has been completed, the trust company manages the ownership, only the trust company has the right to sell an officetel, and the sale price shall be deposited in the management account opened by the trust company, and the sale contract without the seal of the trust company shall not become effective."

On December 13, 2015, the Plaintiff concluded a sales contract for the sales price of KRW 44 million (hereinafter “instant sales contract”) with the introduction of Defendant B, with respect to the instant officetel 1337 (hereinafter “instant officetel”).

(However, the sales contract of this case is written in 76,259,000 won).

On December 13, 2015, the Plaintiff paid the sales price of KRW 44 million to the G&D urban development, and paid KRW 762,590 to the Defendant B as a commission.

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