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(영문) 서울중앙지방법원 2017.10.25 2016가단5062852

손해배상(기)

Text

1. The Defendants jointly share KRW 76,500,000 to the Plaintiff and Defendant B with respect thereto from April 16, 2016.

Reasons

1. Facts of recognition;

A. On May 20, 2012, the Plaintiff entered into a contract with Defendant B, a broker under the Licensed Real Estate Agents Act, on lease deposit for KRW 153,00,000 (hereinafter “instant contract”) and a multi-family house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul (hereinafter “the instant multi-family house”), which is the deceased’s owner, for lease deposit for KRW 401, and entered into a move-in report on May 29, 201 after full payment of deposit money and transfer it to obtain a fixed date on the same day.

B. Meanwhile, on December 9, 201, the Defendant Korean Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant B, a licensed real estate agent, for the mutual aid period (not later than December 9, 2012) with Defendant B, as a juristic person established for the purpose of the mutual aid program, etc. of licensed real estate agents, for which Defendant B, while acting as a broker for real estate transactions, bears liability for damages under the Licensed Real Estate Agents Act by intention or negligence to cause property damage to the transaction party and compensate for such damage within the limit of the deductible amount (not later than 10 million won).

C. The instant multi-family house consists of 9 to 10 households. At the time of the Plaintiff’s conclusion of the instant contract, the lease was made with respect to 4 households of the instant multi-family house, and the sum of the lease deposit was KRW 365,000,000. As regards the site and building of the instant multi-family house, the right to collateral security, which is the maximum debt amount of KRW 996,000,000, and the site of the instant multi-family house, was set up in the future of the National Bank in the future of the National Bank of Korea, with respect to the land of the instant multi-family house, 240,000,000,

Defendant B, while mediating the instant contract, notifies the Plaintiff of the maximum debt amount regarding each right to collateral security established over the site and building of the instant multi-family house at the time, and delivers it to the Plaintiff in accordance with the Licensed Real Estate Agents Act and subordinate statutes.

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