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(영문) 의정부지방법원 2015.05.08 2014가단42653

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a licensed real estate agent operating the C Licensed Real Estate Agent Office.

B. On August 12, 2012, between D and E, the Plaintiff entered into a lease agreement with the Defendant to lease F warehouse sites and ground warehouses (hereinafter “instant real estate”) with a deposit of KRW 20 million, monthly rent of KRW 1.3 million, and the term from September 8, 2012 to September 7, 2014 (hereinafter “instant lease agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 8, the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion did not explain that, while mediating the instant lease agreement, the water supply was not connected to the instant real estate, the Defendant acquired and used the underground water as an electrical mortar, and that there was a problem of imposition of excessive electricity charges accordingly. The instant real estate did not notify the fact that it was an illegal building violating the Sewerage Act, and that the instant real estate was an illegal building in violation of the said Act, and that the subway was passed under the underground, the Defendant committed an illegal act that did not notify or explain important matters in concluding the lease agreement on the instant real estate.

Accordingly, the Plaintiff suffered damages of KRW 64,169,470 in total, including the amount of KRW 4,960,470; the amount of KRW 870,00; the amount of KRW 4,339,00; the amount of KRW 9,90,00; the amount of KRW 13,20,000; and the amount of KRW 30,000 due to electromagnetic waves, vibration, and noise caused by the subway of Chuncheon Line, and the amount of KRW 64,169,470.

Therefore, pursuant to Article 30(1) of the Licensed Real Estate Agent Act, the Defendant shall compensate the Plaintiff for the damages and damages for delay.

B. The name is “Licensed Real Estate Agent Act” by Act No. 12374, Jan. 28, 2014, under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.