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(영문) 대구지방법원 2015.01.29 2014가단31650
부당이득금 반환 등
Text

1. Plaintiff (Counterclaim Defendant)’s claim against Defendant B, Korea Licensed Real Estate Agent Association, and Defendant (Counterclaim Plaintiff) C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts recognized;

A. On April 16, 2014, the Plaintiff, a licensed real estate agent, concluded a sales contract (hereinafter “instant contract”) with Defendant B as stipulated in the terms of KRW 675 million for the Daegu-dong-gu D major 290 square meters and its ground (hereinafter “instant building”) (an amount of KRW 40 million for a contract, intermediate payment of KRW 50 million for a contract, and an intermediate payment of KRW 50 million for a contract, May 16, 2014, and each payment of KRW 50 million for a balance of KRW 50 million on July 16, 2014), and paid the down payment of KRW 40 million (hereinafter “instant contract”).

B. However, the Plaintiff did not pay the intermediate payment to Defendant B on the date of the payment of the intermediate payment, and Defendant B sent a written peremptory notice to the effect that, around June 23, 2014, the Plaintiff would cancel the instant contract and confiscate the down payment as the amount of damages if the intermediate payment is not paid to the Plaintiff within three days.

C. The Defendant Korean Licensed Real Estate Agent Association is a mutual aid business entity that entered into a mutual aid agreement with Defendant C on the damage in case it causes property damage to the transaction party while conducting real estate brokerage with Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1-1, the purport of the whole pleadings

2. Determination on the main claim

A. (1) The plaintiff's assertion on the claim against the defendant B (1) was necessary when requesting the defendant C and the brokerage assistant E (at the time, E delivered the name "F" to the plaintiff) to color the place of business for the operation of the steel store, and Eul entered into a contract with the plaintiff to introduce the building and the site of this case and to take measures to install the B-do, but it was clearly found that the competent authority could not install the B-do.

In addition, part of the inside of the first floor of the instant building is a parking lot, and the first floor is different.

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