(영문) 부산지방법원 2017.07.25 2016가단305484

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(영문) 부산지방법원 2017.07.25 2016가단305484

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 11, 2015, the Plaintiff entered into a sales contract with Defendant B, an authorized real estate broker, to pay a down payment of KRW 50,000,000 on the day of the contract, with the purchase price of KRW 538,00,000 as to the real estate listed in the separate sheet (hereinafter “instant real estate”) between Defendant B and C as a broker, and stipulated the following special terms and conditions.

1. A sales contract shall be made under the present facilities, and all the present facilities shall be transferred, unless otherwise stipulated;

2. Sites and building sizes shall be based on public registers;

3. The current lease contract shall be deducted from balance of deposit for lease on a deposit basis and deposit for monthly rent from the purchase price, and the purchaser shall succeed to the current lease contract;

4. All expenses incurred by succession to the right to collateral security shall be borne by the seller, and all expenses incurred by succession to the right shall be borne by the buyer.

The amount of debt that takes over the above right to collateral security shall be paid after deducting the balance paid by the purchaser from the balance.

7. A description of the charge for compelling the performance was given on the ground of the illegal extension of this house. Accordingly, the contract was made in an amount that reduces KRW 10,000 from the purchase price to KRW 5,00,000, and the buyer would not raise any objection to the illegal extension. 8. Contract Nos. 301 and 302, which were completely written out of the current lease agreement, should be held responsible and re-preparation by the lessor by not later than the remainder.

B. The defendant Korean Licensed Real Estate Agent Association is a mutual aid business entity which has entered into a mutual aid agreement with the terms of compensating for the damage to the property of the parties to the transaction by intention or negligence in the course of mediation by the defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that Defendant B mediates the instant sales contract.

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