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(영문) 전주지방법원 2019.04.04 2018나6214
계약금반환 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The reasons for this part of this Court’s reasoning are as follows: (a) in addition to the fact that the “4,50,000 won” of the three-dimensional brokerage commission of the first instance judgment is “4,00,000 won”, it is identical to the entry of two to three-thirds of the first instance judgment; and (b) in accordance with the main sentence of Article 420 of the Civil Procedure Act, it shall be cited as it is.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) Although the Defendant, a licensed real estate agent, knew that the Plaintiff would purchase the instant land and buildings in order to construct a commercial house on the instant land when mediating the instant sales contract, he did not explain to the Plaintiff that the authorization and permission for the construction of a commercial house on the instant land is impossible. 2) Furthermore, the Plaintiff concluded the instant sales contract with the belief that the upper limit of the building-to-land ratio of the instant land is 60% and that the Plaintiff did not belong to the district unit planning zone, such as the description of the confirmation description of the object of brokerage, which the Plaintiff received from the Defendant, and concluded the instant sales contract with the belief that the instant land was incorporated into the I district unit planning zone, and the upper limit of the

3) Ultimately, the instant sales contract was cancelled due to negligence by the Defendant’s failure to fulfill his duty to confirm and explain the instant land and building as a licensed real estate agent, and the Defendant, pursuant to the proviso of Article 32(1) of the Licensed Real Estate Agent Act, should return the commission of brokerage commission to the Plaintiff, and the Plaintiff incurred loss from forfeitureing the down payment of KRW 50,00,000 from the seller, and thus, is liable to compensate the Plaintiff. (B) Violation of the duty to confirm and explain the upper limit of the building-to-land ratio and the district unit planning zone is “a practicing licensed real estate agent who is requested to act as a broker,” Article 25(1) of the Licensed Real Estate Agent Act provides that the broker shall obtain the right to the relevant object of brokerage by verifying the following matters before the completion of brokerage:

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