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(영문) 서울중앙지방법원 2017.07.27 2016가단5152045

손해배상(기)

Text

1. Defendant D and the Korean Licensed Real Estate Agent Association jointly share KRW 27,50,000 and Defendant E.

Reasons

1. Facts of recognition;

A. The Defendants’ status (1) Defendant D, E, and F are corporations established for the purpose of promoting mutual aid welfare projects, etc. of licensed real estate agents, and the Defendant Korean Licensed Real Estate Agents Association (hereinafter “Defendant Association”).

(2) The Defendants, as licensed real estate agents, concluded a mutual aid agreement in which Defendant D, E, and F, either intentionally or by negligence, incurred property damage to the parties to a transaction, and the Defendant Association would compensate for such damage within the limit of KRW 100 million.

The defendant association shall pay the mutual aid money within 60 days after receiving the claim for the mutual aid money.

B. (1) The non-party G is the owner of the “J” in Daegu-gu H and I (hereinafter “instant building”).

The building of this case is a multi-family house of the fourth floor above ground, and it is marked that there are 7 households and 4 households in each 7th floor and 4th floor in the registration injury, but in fact 22 households such as 8 households and 6 households in each 8th floor and 4th floor in each 2th and 3rd floor.

In addition, the instant building and its site had the right to collateral security of KRW 520,00,000 for the maximum debt amount on November 17, 2009, the right to collateral security of KRW 130,000 for the maximum debt amount on November 17, 2009, the right to collateral security of KRW 65,000 for the lease deposit of KRW 65,000,000 for the lease on November 209, and the right to collateral security of KRW 34,000 for the lease deposit of KRW 34,00,000 for the lease on February 15, 201, and the right to collateral security of KRW 15,00,000 for the lease on September 29, 201, and the right to collateral security of KRW 33,80,000 for the maximum debt amount on December 30, 2011.

(2) On November 28, 201, Plaintiff A entered into a lease agreement between Defendant D’s broker with respect to 201 of the instant building with KRW 55 million and the term of lease from November 27, 2011 to November 26, 2013. On November 28, 2011, Plaintiff A paid all the deposit and occupied the said deposit, and received the move-in report and the fixed date on December 2, 201.

(3) On May 18, 2012, Plaintiff B, as a broker of Defendant E, with respect to the building 205 of this case, from May 19, 2012, the lease deposit of KRW 35 million and the lease term of the instant building from May 19, 2012.