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The plaintiffs' claims against the defendants are dismissed in entirety.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. Defendant D is a licensed real estate agent registered with the trade name of H Licensed Real Estate Agent Office located in the F apartment G in Seoyang-gu, Seoyang-gu, Busan Metropolitan City, and Defendant C is a person who works as a brokerage assistant at the above office.
B. On October 31, 2019, the Plaintiffs concluded a contract with Nonparty I on the purchase price of KRW 540 million (hereinafter “instant apartment”) with the purchase price of KRW 540,000,000,000 (hereinafter “instant apartment”) of Yongsan-gu, Yongsan-gu, Incheon Metropolitan City (hereinafter “instant apartment”) owned by the Plaintiffs (hereinafter “instant contract”) to sell the down payment of KRW 54,000,000,000 on the date of concluding the contract, and the remainder of KRW 54,00,000,000,000,000 as the down payment, as of December 26, 2019).
The contract of this case states that defendant D has mediated the contract of this case.
C. On November 8, 2019, the Ministry of Land, Infrastructure and Transport announced that the ancient city in which the apartment of this case is located is released from the adjustment area. D.
On December 26, 2019, the Plaintiffs repaid 180 million won, which is a part of the down payment, to I, and rescinded the instant contract.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, 5, Eul evidence 1, witness I's testimony, the purport of whole pleadings
2. The assertion and judgment
A. At the time of entering into the instant contract, Defendant C did not notify the Plaintiffs that the area where the instant apartment is located is anticipated to be released from the adjustment area, and that the current transaction price increase between investors and investors, the instant apartment is traded from KRW 520 million to KRW 530 million without notifying that the instant apartment is traded in KRW 520 million.
At the time of the instant contract, Defendant C borrowed the name of Defendant D without qualification as a licensed real estate agent, and the broker requested for brokerage is obligated to investigate and confirm the relationship of rights of the object of brokerage and explain it to the brokerage client with the care of a good manager, but did not notify the Plaintiffs of such fact.