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(영문) 부산지방법원 2016.07.05 2015가단44683
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. Basic facts

A. 1) On April 2014, the Plaintiff was not qualified as a licensed real estate agent, and the Plaintiff’s respective real estate listed in the separate sheet (hereinafter “instant real estate”) through the Internet website managed by Defendant C, the full-time supervisor, and refers to the instant real estate’s house as stated in the separate sheet No. 2.

(2) On July 2014, the Plaintiff asked the Defendant to contact the said Defendant to purchase the instant real estate after having become aware of the fact that the instant real estate was sold, but did not purchase the instant real estate since there were differences in the amount of the purchase price. (2) On July 2014, the Plaintiff asked the Defendant to contact the Defendant C to purchase the instant real estate again, and through the said Defendant, consulted the amount of the purchase price with the Defendant B, the owner of the instant real estate, and entered into a sales contract with the following contents.

B. (1) On July 22, 2014, the Plaintiff purchased the instant real estate from the Defendant, and the Plaintiff purchased the said real estate from the said Defendant, with the price of KRW 1550 million, and the said Defendant paid KRW 10 million as the down payment on the day of the contract, and KRW 135 million as the remainder payment on July 29, 2014, respectively (hereinafter “the instant sales contract”).

(2) At the time of the conclusion of the sales contract, the Plaintiff and the above Defendant delivered the facilities for settlement, etc. incidental to the instant real estate, and the Plaintiff did not raise any objection to the portion of the house repair of the instant real estate. (2) At the time of the conclusion of the sales contract, Defendant C was not indicated as the intermediary of the instant sales contract. The Plaintiff and the Defendants did not specifically set the amount of brokerage commission to be paid to Defendant C after the conclusion of the sales contract.

C. On July 29, 2014, the Plaintiff, including the implementation of a sales contract, was on the ground of sale and purchase of the instant real estate.

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