1. The Defendants are jointly and severally liable to the Plaintiff KRW 45,600,000 and Defendant B with respect thereto from August 25, 2015, and Defendant C with respect to the said amount.

1. Basic facts

A. The Plaintiff is a real estate broker who actually operates iron wholesale and retail retail business (main representative E) and Defendant B is a real estate broker who operates the F Licensed Real Estate Agent Office.

B. While the Plaintiff and (the Plaintiff’s wife) found the warehouse site necessary for the operation of the company, the Plaintiff and (the Plaintiff’s wife) decided to purchase the said real estate at the auction procedure (the government district court high support H) with respect to the area of 6,583 square meters (hereinafter “instant land”) in Pakistan-si. On July 15, 2014, the Plaintiff paid KRW 76 million to the relevant enforcement officer as the sales deposit and bid to the highest buyer.

C. After that, the Plaintiff did not pay the remainder of the sales price, excluding the security deposit, up to the payment deadline, with knowledge that the instant land constitutes a zone subject to permission for alteration of the current state pursuant to Article 35 of the Cultural Heritage Protection Act (hereinafter referred to as “one zone”) and the construction is limited.

As a result, the procedure for re-sale of the above land was in progress, and the plaintiff did not receive a refund of KRW 76 million.

【Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 3, 5, 8, Eul evidence 2, 4, 5, and 6, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Although Defendant C, as a brokerage assistant, has the duty to investigate and confirm the relationship of rights, etc. of the instant land with the care of a good manager and explain it to the Plaintiff, Defendant C explained that it is impossible to grant a building permit by intention or negligence. As a result, the Plaintiff incurred damages equivalent to KRW 76 million in the sale deposit, thereby compensating for damages caused by the tort.

Meanwhile, Defendant B is jointly and severally liable for damages with Defendant C as a licensed real estate agent.

B. (1) The act of analyzing the rights to real estate subject to common auction and arranging the acquisition thereof is stipulated in Article 2 subparag. 1 of the Licensed Real Estate Agents Act.