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1. The Defendants jointly share KRW 16,520,00 with respect to the Plaintiff, and Defendant B and C with respect thereto from May 20, 2016.
Reasons
1. Facts of recognition;
A. Defendant B is a broker engaging in real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in P of the race-si, and Defendant C is a broker employed by Defendant B and has been in charge of real estate brokerage at the E Licensed Real Estate Agent Office.
The Defendant Korean Licensed Real Estate Agents Association (hereinafter “Defendant Association”) is a mutual aid business entity established to guarantee the broker’s liability for damages pursuant to Articles 41, 42, and 30 of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “former Licensed Real Estate Agents Act”).
Defendant B entered into a mutual aid agreement with the Defendant Association.
B. The Plaintiff, while running the water trade business with the trade name of “F,” visited the said E Licensed Real Estate Agent Office on June 201, and visited the said E Licensed Real Estate Agent Office. The difficulty C solicited the Plaintiff to purchase each of the instant land (hereinafter “instant land”). As the Plaintiff was to bear the sales price, the Plaintiff prepared a business contract (a false contract stating a higher amount than the actual sales price) with the instant land as security and recommended the Plaintiff to purchase the instant land.
Accordingly, the question is whether the Plaintiff’s preparation of the business contract would become a legal problem, and the Defendant C did not have any problem to use the contract at a lower level than the actual price, and there is no problem to use it at a higher level. Furthermore, when using the contract amount higher, the seller’s burden of capital gains tax is increased, and the seller did not consent to the increase in the seller’s burden of capital gains tax, but the instant land is inherited by the seller, and thus the capital gains tax is not added.
C. On July 6, 2011, the Plaintiff believed Defendant C’s horses, is the seller at the E Licensed Real Estate Agent Office.