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(영문) 부산지방법원동부지원 2016.01.13 2015가단209905

손해배상 등 청구소송

Text

1. The Defendants’ respective Plaintiff KRW 35,000,000 and Defendant B with respect thereto from October 23, 2015.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant B operated the D Licensed Real Estate Agent Association (hereinafter “Defendant Association”) at “Yansan-gu C Building and 102” and Defendant B operated the D Licensed Real Estate Agent Association (hereinafter “Defendant Association”).

(2) From March 3, 2014 to March 2, 2015, Defendant B and Defendant B entered into the instant mutual aid agreement to compensate for property damage to the transaction party within the limit of KRW 100 million in the event that the transaction party caused property damage intentionally or by negligence to the transaction party. 2) On November 4, 2014, the Plaintiff, as the broker of Defendant B’s licensed real estate agent, decided to lease the “Yansan-gu C building 1916,” which is the instant real estate owned by Defendant B, as the broker of Defendant B, paid the down payment of KRW 2 million on November 4, 2014 and the intermediate payment of KRW 8 million on the same month. On November 22, 2014, the Plaintiff prepared the deposit money of KRW 40 million and KRW 150 million on the instant real estate to Defendant B as the intermediary of Defendant B, and the remainder of the deposit money of KRW 300,000,000,00.

On November 22, 2014, the Plaintiff occupied the instant real estate and paid KRW 150,000 monthly rent to E’s National Bank account around the 22th of each month.

3) However, on November 20, 2014, between Defendant B and Defendant B introduced the Plaintiff as the Plaintiff, Defendant B arranged to prepare a lease contract (Evidence A No. 4) with a deposit of KRW 5 million and KRW 5 million for the instant real estate, and Defendant B paid KRW 5 million to E according to the said lease contract. Defendant B paid KRW 4 million for the instant real estate in accordance with the above lease contract. Defendant B knew of the aforementioned dual lease brokerage, the Plaintiff received KRW 5 million from the F that purchased the instant real estate from E after having become aware of the aforementioned dual lease brokerage, and terminated the lease of the instant real estate.

[Based on recognition, Gap evidence 1, Gap evidence 2 (including each number), Gap evidence 4, 5, 6, and 7, and the purport of the whole pleadings.