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(영문) 인천지방법원 2019.07.09 2018가단232460

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 60,000,000 and for this, 5% per annum from September 11, 2017 to July 20, 2018.

Reasons

1. Basic facts

A. From October 17, 2007 to June 21, 2018, Defendant B, a licensed real estate agent, operated the “F Licensed Real Estate Agent Office” on the first floor of the building Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant office”).

B. Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant C for compensation within KRW 100 million in cases where the damage to property was incurred to the parties to a transaction by intention or negligence in performing real estate brokerage as stipulated in the Licensed Real Estate Agents Act, with the period of mutual aid between October 17, 2017 and October 16, 2018.

C. Although Defendant B is not the true owner of the above building G (hereinafter “the instant officetel”), he/she would induce the Plaintiff as if he/she were the true owner by forging his/her entire certificate of registration, and entered into a lease agreement by deceiving him/her as if he/she were the true owner. On September 7, 2017, as the broker of Defendant C, both the Plaintiff and the licensed real estate agent, and Defendant C, the remainder of Defendant B, the lease deposit amount of KRW 55,00,00 and the lease term of KRW 55,00,00, from September 11, 2017 to September 11, 2019 (hereinafter “instant lease agreement”).

As above, the Plaintiff concluded a lease agreement by deceiving Defendant B, and paid KRW 55,000,000 on the date of the contract and September 11, 2017 to Defendant B.

On the other hand, although the pre-paid contract was prepared at the time, the defendant C is stated as the broker, it is not actually the fact that the defendant C acted as the broker.

E. Defendant C lent a certificate of qualification of licensed real estate agent to Defendant B, and Defendant B acquired KRW 2.5 billion in total of the deposit money by concluding a charter agreement with the victims of 40 persons including the conclusion of a charter agreement with the Plaintiff by way of the above-mentioned method.

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