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(영문) 서울남부지방법원 2014.10.23 2014가단13918
사취금반환
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. The Plaintiff, which caused the instant claim, purchased the right of Defendant B and C to be supplied (supply) by Defendant D’s referral in relation to the supply of the living countermeasure site and support facility site supplied by the Gyeonggi-do Urban Corporation in total of KRW 27,500,000 for the premium, and KRW 5,500 for the land sale and purchase contract amount, KRW 27,50,000 for the premium.

However, there is no substance that is supplied with the above living countermeasure site from the Gyeonggi-do Si Corporation, and the president of the association has no possibility of realizing the above living countermeasure site as the head of the association is in the state of escape.

In addition, Defendant B and Defendant C have actually transferred the status of the above members to the Plaintiff, so they have not transferred their status to the Plaintiff with the consent of all the members of the association.

Ultimately, the above contract was concluded by deception of the Defendants, and the acts of the Defendants constitute tort against the Plaintiff.

Accordingly, the plaintiff shall revoke the above declaration of intention against the defendants on the ground that it is a fraudulent declaration of intention.

Therefore, the defendant Korean Licensed Real Estate Agent Association, which is a mutual aid association that the above defendants and defendant D, join in order to compensate for damages related to the real estate brokerage, shall jointly and severally pay 27,500,000 won and damages for delay to the plaintiff as compensation for default or tort.

2. First, we examine whether Defendant B, Defendant C, or Defendant D committed deception or tort against the Plaintiff in connection with the instant contract.

The fact that around July 2007, Defendant B and Defendant C have been determined as eligible persons (eligible persons) who can be supplied approximately eight square meters of G block number H and size 1921 square meters among support facility site G block number H and size 1921 square meters, among the F complex sites supplied by the Gyeonggi-do Urban Corporation (Provided, That the supply is the method that a union composed of eligible persons enters into a contract with the Gyeonggi-do Urban Corporation) and (2) thereafter, Defendant B and Defendant.

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