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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In light of the purport of the entire argument in Gap evidence No. 1’s statement, the fact that the plaintiff sold to the non-party C and D, a licensed real estate agent, the purchase price of KRW 950 million to the non-party C and D’s intermediary on December 14, 2017, the Hanyang-gun E site and the first unit of the main building [the non-party C and D’s building consisting of the non-party C and D’s own ownership of the Hanyang-gun E site and the first unit of the main building on the ground [the non-party C and D’s building consisting of the non-party-party 1’s main building
2. The assertion and judgment as to the cause of the claim
A. Unlike the housing portion (3 and 4), the part of the neighborhood living facilities of the building of this case (1 and 2 floors) is subject to value-added tax at the time of transfer, the Defendant, a licensed real estate agent, did not explain such fact to the Plaintiff, and rather, did not impose value-added tax on the Plaintiff. However, the Plaintiff did not include the above value-added tax in the sales price of this case, thereby allowing the Plaintiff to be subject to a contract without having the Plaintiff included the above
However, in fact, the notice of payment of value-added tax was given to the above neighborhood living facilities and the plaintiff was subject to value-added tax of KRW 48,224,32. Since the defendant's act was in violation of Article 25, Article 29 (1) and Article 33 (4) of the Licensed Real Estate Agents Act, the defendant is liable to compensate the plaintiff for damages under Article 30 (1) of the same Act.
B. First of all, examining the relevant provisions of the Licensed Real Estate Agents Act (hereinafter “Act”), which the Plaintiff is at issue, as follows.
Article 25 (Confirmation and Explanation of Object of Brokerage) (1) Upon receipt of a request for brokerage, a practicing licensed real estate agent shall confirm the following matters before the brokerage is completed and explain such fact to the brokerage client who intends to acquire the right to the object of brokerage in question, and present a certified copy of land cadastre or a comprehensive certificate of real estate registration, a certificate of registered matters, etc. to the relevant broker:
1. The condition and location of the object of brokerage;