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(영문) 서울중앙지방법원 2018.02.07 2016가단5218587

손해배상(기)

Text

1. The plaintiff's preliminary claim against the defendant Korean Licensed Real Estate Agent Association shall be dismissed;

2. The plaintiff, .

Reasons

1. Basic facts

A. On January 18, 201, the Plaintiff entered into a lease agreement with Defendant D, the owner of H apartment 506 Dong 1003 (hereinafter “previous apartment”) located in the Mapo-gu Seoul Metropolitan Government G, as a broker assistant for the F Licensed Real Estate Agent Office (F Licensed Real Estate Agent: Defendant C) of Mapo-gu Seoul Mapo-gu and 102, with the lease deposit amount of KRW 360,00,000 (no monthly rent) for the lease deposit for the previous apartment, and the lease term from March 23, 2011 to March 22, 2013.

B. On March 20, 2013, the Plaintiff and Defendant D concluded a lease agreement again with the content that the lease deposit was increased by KRW 70,000,000,000, which was around the expiration date of the previous apartment lease agreement, to KRW 430,000, and the lease term was changed from March 23, 2013 to March 23, 2015.

C. Around May 2014, Defendant B received a request from Defendant D to sell the previous apartment, and he received a request from the Plaintiff (the person who actually made a transaction with Defendant B, shows the Plaintiff’s wife I on behalf of the Plaintiff; hereinafter the same does not distinction between I and the Plaintiff, but is the Plaintiff) to find a new director’s house. Around that time, the J, the owner of H apartment No. 506-dong 304 (hereinafter the “instant apartment”) (hereinafter the “instant apartment”), the owner of the instant apartment, was aware that he sought a person to rent KRW 300,000, monthly rent of KRW 900,000, the difference between the lease deposit and KRW 500,000,000.

Defendant B, around May 29, 2014, did not request the Plaintiff to preferentially return the lease deposit of the previous apartment, and even if having received money as the name of the refund of the deposit, Defendant B did not intend to return the deposit to the Plaintiff. Defendant D, “The Plaintiff is required to make money in order for the Plaintiff to become a director’s house, and 10% of the deposit should be given priority to the Plaintiff.”

(b) a note to B.