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(영문) 서울중앙지방법원 2016.07.07 2015가단5277213
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that they were entitled to purchase a multi-family house to D (the plaintiff's father and the plaintiff's husband), and D purchased a multi-family house with KRW 1160,000,000,000 for the purchase price at the Namyang-si, which is owned by F on October 6, 2014, as the representative director of the defendant C Co., Ltd. (hereinafter "Defendant C Real Estate"), and purchased a multi-family house with KRW 1.16,00,000,000 for the purchase price. On April 21, 2015, the plaintiffs alleged that the aggregate of the lease deposits to be deducted from the purchase price, unlike E's explanation after completing the registration of ownership transfer in the future, was later known to the fact that the aggregate of the lease deposits to be deducted from the purchase price, rather than KRW 62,60,000,000,000,00 for the purchase price, and ultimately, they suffered damages from the defendants' intentional or negligent breach of the obligation to mediate damages.

B. We examine whether the plaintiffs purchased the above multi-family house as a broker of the defendant C's real estate, the evidence submitted by the plaintiffs, and the testimony of the witness H and F are insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments in the evidence No. 1-2, evidence No. 1-2, evidence No. 2, evidence No. 4-2, evidence No. 5, 7, 12, and evidence No. 7-1 and No. 7-2 of the above evidence No. 1-2 (the same shall apply to evidence No. 9), and the whole purport of the arguments No. 1-2, the sales contract and the pre-contract No. 1-2 were prepared as of Dec. 8, 2014, not October 6, 2014, which is the date of sale and purchase alleged by the plaintiffs, as of December 8, 2014, while the form of the sales contract is used by the defendant C real estate, the pre-contract form is written in the real estate agent column without the statement of a licensed real estate agent, and ② the plaintiffs paid to E as a brokerage fee for the sale and purchase of the above multi-family house.

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