(영문) 서울서부지방법원 2015.11.25 2015가단5432

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(영문) 서울서부지방법원 2015.11.25 2015가단5432

손해배상

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On or around March 2010, the Plaintiff purchased 711.6 square meters in Echeon-si D (hereinafter “instant land”) as a broker of Defendant B, and completed the registration of ownership transfer on or around April 28, 2010.

The Plaintiff remitted total of KRW 67 million to Defendant B’s deposit account.

Defendant C is the services of Defendant B.

[Ground for recognition] Unsatisfy, Gap evidence 10

2. Defendant B, at the time of the purchase of the instant land, did not have a plan to build an apartment building around the instant land by deceiving the Plaintiff at the time of the purchase of the instant land, and thus, purchased the land at the market price of KRW 17.2 million with the purchase price of KRW 65 million. Defendant B, without the qualification of a licensed real estate agent, did not act as a broker, did not act as a broker, and received KRW 1 million each of the brokerage commission and survey expenses.

The brokerage commission based on the market price is KRW 154,800, and the actual survey cost is KRW 468,600.

The Plaintiff incurred a total of KRW 49,176,60,00 (the difference of KRW 47,80,000,000,000 difference of the market price out of the purchase price of the instant land) that falls under Defendant B’s deception on the purchase price, etc. of the instant land, and thus, Defendant B is liable to compensate for damages.

Since Defendant C aided and aided the above deception by Defendant B, Defendant C has a duty to compensate for the damages jointly with Defendant B.

3. The testimony of the witness E alone by the evidence Nos. 1 and 10 and the witness E belonged to the Plaintiff to purchase the instant land with the market price of KRW 17.2 million, which is merely the market price of KRW 65 million.

It is not sufficient to recognize that the money received from the plaintiff or the fees and survey expenses from the plaintiff was benefiting without any legal ground, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion that is premised on defendant B's fraudulent act, etc. is not accepted.

유사 판례

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