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(영문) 수원지방법원안산지원 2020.10.14 2019가단78091
손해배상(기)
Text

All of the plaintiffs' claims against the defendants are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are persons who purchased forest land from Defendant F for the purpose of constructing a single house as follows, and Defendant G is a licensed real estate agent, and as a broker for each sales contract between the Plaintiffs and Defendant F.

B. On December 26, 2012, Defendant F obtained permission from the head of Ansan-si, the head of Ansan-si, the head of the Gu to newly build two-story detached houses on the ground of H 732 square meters of land located in the natural green area. On February 18, 2013, Defendant F newly built two-story detached houses on the ground of 710 square meters of land located in the Ansan-si, Ansan-gu, Seoul Special Metropolitan Area; and on January 3, 2013, Defendant F newly built two-story detached houses on the ground of J 723 square meters of land located in the natural green area.

However, the above building permit clearly states the matters of conditional permission for development activities under Article 56 of the National Land Planning and Utilization Act and the Ordinance of the Ansan City Urban Planning, and states that if the new construction of the above detached house is the business on which the development charges are imposed and the person liable for payment of the development charges is changed for reasons such as sale before approval for use

C. On May 15, 2015, Plaintiff A and B entered into a contract with Defendant G to jointly sell and purchase a total of KRW 896 square meters, including KRW 723 square meters in Ansan-si, Jin-si (hereinafter “instant real estate”). D. The Plaintiff and B entered into a contract with Defendant F to jointly sell and sell a total of KRW 210 million with regard to the purchase price of KRW 723 square meters in Ansan-si.

Plaintiff

C On May 30, 2016, upon the brokerage of Defendant G, concluded a sales contract with Defendant F, which sets the sales price of KRW 22 million with respect to H 723 square meters, etc. of forest land in Ansan-si (hereinafter “instant 2 real estate”).

On the other hand, the plaintiff C agreed to pay the amount of KRW 44 million to the defendant F in addition to the above purchase price.

E. On September 23, 2016, Plaintiff D and E are as follows: (a) the broker of Defendant G with the Defendant F, on September 23, 2016, with respect to the I forest land of Ansan-si between Defendant F and the Defendant F.

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