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1. The Defendants are jointly and severally liable to the Plaintiff for 38,267,00 won and 5% per annum from June 18, 2015 to February 18, 2016.
Reasons
1. Basic facts
A. Defendant B is a licensed real estate agent running the D Licensed Real Estate Agent Office located in Busan-gun C, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual-aid agent who has an obligation to compensate for the portion of damage caused to the transactional party by intention or negligence in performing the business of licensed real estate agents and real estate brokerage of Defendant B pursuant to Article 30 of the Licensed Real Estate Agents Act.
B. On June 18, 2015, the Plaintiff concluded a real estate sales contract with the Nonparty G, who visited the office of Defendant B to purchase KRW 2,200,000,000 with the land of this case, to purchase KRW 18,974 square meters of forest land in Busan-gun, Busan-gun, Busan-gun (hereinafter “instant land”).
On June 18, 2015, the date of the contract, the Plaintiff paid KRW 300,000,000 to G as a check.
C. However, in collusion with Nonparty H and G, the office forged the E driver’s license, and G presented the forged E driver’s license to Defendant B while driving it as the owner of the instant land. Thereafter, the office forged the sales contract on the instant land in the name of Nonparty B and acquired 300,000,000 won from the Plaintiff.
H and G were sentenced to one year and six months of imprisonment and two years of imprisonment with prison labor for each of the crimes, etc. as stated in the above sub-paragraph (c) above after being convicted of all of the criminal charges, etc. on January 29, 2016, under criminal trials by Busan District Court Branch of the Dong Branch of the Busan District Court (2015Da1214, 1331, 2301 (combined) and
E. From July 3, 2015 to October 29, 2015, the Plaintiff recovered KRW 254,980,000, out of the down payment 300,000 obtained by deception from H and G, etc.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings
2. The plaintiff's assertion that Defendant B is a licensed real estate agent, and is entrusted with the brokerage of the transaction of this case.