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(영문) 인천지방법원부천지원 2015.09.04 2014가단45760

손해배상 등

Text

1. The Defendants each of their respective 5,400,000 won against Plaintiff A and B, and 3,600,000 won to Plaintiff C, and each of them on January 16, 2015.

Reasons

1. Basic facts

A. Defendant D is a real estate broker who operated the “F” in Seocheon-si, Seocheon-si. The Defendant Seoul Guarantee Insurance Co., Ltd. is a guarantee insurance company that has concluded a guarantee insurance contract guaranteeing liability for damages caused by a mistake in the act of brokerage with Defendant D, which is a broker. The Plaintiffs are the lessees who concluded a real estate lease contract with the content of the “B” as the broker of Defendant D.

B. The Plaintiffs entered into a lease agreement on part of the building of this case owned by G with the broker of Defendant D, and received each lease from G after paying the full amount of the lease deposit to G at that time.

However, Plaintiff C concluded a lease agreement on subparagraph 202 of the instant building with G around May 2012, and continued to reside after completing the move-in report at around that time, and concluded a lease agreement with Defendant D to extend the contract term by the brokerage of Defendant D as of June 13, 2013 from June 17, 2013 to June 16, 2014, respectively, on June 17, 2013 to June 2017, 2013: (a) the deposit period for the object of the move-in report on the date of the contract of the Plaintiff, which is the object of the date of the move-in report; (b) the deposit amount of KRW 405,000,000 on February 13, 2013 to February 12, 2015; and (c) the lease agreement was concluded on February 28, 2013 to February 14, 2015.

C. The instant building is a second class neighborhood living facility (public notice) under the Building Act. At the time of entering into each of the instant lease agreements, cooking facilities, etc. were installed for each of the units, and used as a studio-type multi-family house that enables independent dwelling.

On the other hand, on September 6, 201, the registration of the establishment of a neighboring mortgage with the National Federation of Fisheries Cooperatives, the maximum debt amount of 930,000,000 won, the debtor I and G, and the registration of the establishment of a neighboring mortgage with the debtor I and G on November 28, 2012, respectively, was completed on September 6, 201.

E. The plaintiffs' respective lease agreements are as follows.

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