beta
(영문) 청주지방법원 2020.07.16 2019나17394

손해배상(기)

Text

Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. 1) D Cheongju District Court Decision 96309, Jul. 6, 2011, which was received on July 6, 2011, Cheongju-si, Cheongju-si, the multi-family house with four floors of the steel-frame reinforced concrete roof adjacent to the ground reinforced concrete structure (hereinafter “instant building”).

(2) Defendant B is a licensed real estate agent operating real estate brokerage business under the trade name of “F”.

3) On July 19, 201, the Plaintiff referred to as Defendant B’s agent as the broker of Defendant B, and the fourth floor H of the instant building (hereinafter “instant housing”).

(2) The term of lease contract under the terms and conditions that the lease deposit is KRW 65 million and the term of lease shall be from August 29, 201 to August 28, 2013 (hereinafter “instant lease contract”).

(4) Defendant B concluded the instant lease agreement without having the power of delegation in the name of D or D’s certificate of personal seal impression to the effect that “a person who is not the owner of the instant building” did not have the right to conclude the instant lease agreement and the right to receive a deposit,” while mediating the instant lease agreement, Defendant B did not go through the process of verifying whether G was authorized to conclude the instant lease agreement on behalf of D.

5) According to the instant lease agreement, the Plaintiff paid to G the down payment of KRW 7 million among the security deposit on July 19, 201, and the remainder of KRW 58 million on August 29, 2011, and KRW 65 million on and around that time, and resided in G upon delivery of the instant house. B. Meanwhile, at the time of the conclusion of the instant lease agreement, the establishment registration was completed with the Cheongju District Court’s receipt of the instant building on July 6, 201 as the maximum debt amount of KRW 28 billion, the debtor D, and the collective security holders I association (hereinafter “I association”).

2. On April 8, 2015, upon the application of the above IF, the auction procedure was initiated to the Cheongju District Court J in relation to the building of this case, and the building of this case was conducted in the above auction procedure.