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1. The Plaintiff:
A. Defendant B’s KRW 48,847,312 as well as 5% per annum from November 22, 2011 to October 30, 2014; and
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as a result of the market price appraisal of Gap evidence 1, 3, and 9, a witness C's testimony, and an appraiser D's market price appraisal:
Defendant B is a person who engaged in real estate brokerage business under the trade name of “F” in Ansan-si, A, and C is a person who was a real estate intermediary assisting the brokerage business of Defendant B.
The defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") is a mutual aid business entity established to guarantee the liability for damages to be borne by the parties to a transaction by causing property damage caused by intention or negligence by the mutual aid holders who are real estate brokers while performing real estate brokerage.
B. Around January 1, 2009, the Defendant Association entered into a mutual aid agreement with Defendant B to pay compensation in accordance with the terms and conditions of mutual aid in cases where a real estate intermediary engaged in real estate brokerage by setting the period of mutual aid from January 1, 2009 to December 9, 2009, where property damage occurs to a transaction party intentionally or by negligence, the Defendant Association entered into a mutual aid agreement to pay compensation in accordance with the terms and conditions of mutual aid for such damage.
C. On November 18, 2009, the registration of preservation of ownership was made in each of 1/2 shares in the name of I and J on November 18, 2009, with respect to the member-gu Seoul Special Self-Governing Zone G 496m2 and 102m2m2 (the area adjacent to the upper land and the area adjacent to the lower land; hereinafter “each of the instant real estate”).
On June 26, 2009, the Plaintiff purchased the land and newly built a house on the land and concluded a sales contract for each of the instant real estate with J (hereinafter “instant contract”) in the name of the Plaintiff and his husband K through the brokerage of Defendant B, and the main contents are as follows.
The purchase price of KRW 72,00,000 intermediate payment of KRW 20,000,000 shall be paid in July 10, 2009.
Any balance of 42,00,000 won shall be paid in September 25, 2009.