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(영문) 광주지방법원 2020.02.13 2019가단514431
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B entered into a sales contract in the name of E on May 1, 2013, with respect to G real estate operated by F after May 2013, 201, on behalf of Pyeongtaek-si HH on behalf of his/her model E (hereinafter “instant purchase right”).

2) Prior to the preparation of a sales contract for a purchase and sale right, F told Defendant B to the effect that “The consent of Defendant B, the owner, is necessary, and if the E himself/herself is anticipated to attend when preparing a contract, he/she must bring about a certificate of personal seal impression and a certificate of personal seal impression issued by Defendant B.”

3) Defendant B stated that it is necessary to apply for a person eligible for livelihood benefits to E, and obtained a certificate of personal seal impression issued by E and delivered it to F when preparing a sales contract for the instant sales right. However, Defendant B did not speak to F as to the fact that there was no consent from E on the preparation of the sales contract for the instant sales right, and that there was no consent from E.

5) Defendant B prepared a sales contract for the purchase price, and received KRW 63.5 million from F. Defendant B and F paid the purchase price. Defendant B and F, on the day of the preparation of the sales contract, sent the sales contract in a state in which the buyer’s column is vacant, to two infinites. (B) Defendant C is a licensed real estate agent conducting real estate brokerage business under the trade name of I Licensed Real Estate Agents’ Office.

2) The Plaintiff requested Defendant C to arrange for the purchase of the housing site, and deposited KRW 100 million in the purchase price of the housing site in the account of Defendant C on February 19, 2014. (3) Defendant C received the instant purchase and sale contract from K, which operates the J Licensed Real Estate Agent Office in Pyeongtaek-si, and sent it to the Plaintiff.

C. Defendant B, after the criminal proceedings against Defendant B, is the owner of the ownership right to purchase the housing site in Suwon District Court Decision 2017 Godan2413.

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