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(영문) 서울중앙지방법원 2018.10.11 2017가합508739
손해배상(기)
Text

1. Defendant E:

(a) Plaintiff A, B, and C respectively KRW 56,00,000;

B. As to Plaintiff D, KRW 101,570,00 and each of them.

Reasons

1. The plaintiffs asserted that the G Office of Licensed Real Estate Agent in the Management of Defendant E, a licensed real estate agent, purchased the right to sell an apartment newly built through the brokerage of Defendant E and paid the money in the name of the down payment. After that, it was revealed that the seller of the right to sell the apartment was deceiving the plaintiffs under the absence of any authority. As to Defendant E, in collusion with the seller, the plaintiffs claimed damages equivalent to the amount paid as the down payment by the plaintiffs under the tort liability, which caused the fraudulent act or the violation of Article 30 of the Licensed Real Estate Agents Act, and seek for the payment of the insurance money under

2. Determination as to the claim against Defendant E

A. The facts of recognition 1) Defendant E, a licensed real estate agent, prepared a sales contract for the apartment sale right (H apartment) under new construction with the Plaintiffs at the G Licensed Real Estate Agent Office in its operation as follows. The Plaintiffs sent the sales contract for the apartment sale right (H apartment) of the object of sale (H apartment) sale (contract deposit) to the seller’s agent on August 23, 2016, who sold the object of sale (H apartment) as of the date of the Plaintiff, to the account of the Plaintiff, the seller and the seller’s agent on August 24, 2016, KK Co., Ltd. and 427,000,000,000 or 80,000,000 or less (30,000,000 or less) as of August 25, 2016, each of the above Plaintiffs sent the contract deposit to the Plaintiff on August 25, 2016, “No more than 00,000 K Co. 200 (O)”

3) However, K did not have any right to the right to sell the above newly constructed apartment, and it was found guilty of acquiring money in the name of the sale price of the above apartment to S who is the actual operator of K. 4) Defendant E did not confirm whether K has the right to the above sale object through S or K, and without confirming whether K has the right to the above sale object, it would be the execution of the sale price contract for the above apartment to the plaintiffs at the time of the conclusion of the above contract, so it would be necessary to conclude the contract with its trust.

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