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(영문) 서울중앙지방법원 2017.07.11 2016가단5079256

손해배상(기)

Text

1. The Defendants: KRW 35,000,000 for each Plaintiff and 5% per annum from June 22, 2016 to July 11, 2017.

Reasons

1. Basic facts

A. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B, a licensed real estate agent, established for the purpose of the mutual aid program, etc. of licensed real estate agents, and entered into between August 20, 2012 and Defendant B, a licensed real estate agent, to August 30, 2012 and August 29, 2013, to compensate the parties to a transaction for any property damage caused intentionally or by negligence during the period of mutual aid between Defendant B and the licensed real estate agent.

B. On March 11, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B by setting the deposit amount of KRW 70,000,000, and the term of existence from the delivery date to April 8, 2015 with respect to the multi-family house located in Heung-gu Seoul Metropolitan Government (hereinafter “the instant multi-family house”) 204, which is owned by the Plaintiff as a broker of Defendant B (hereinafter “the instant multi-family house”), and entered into the lease agreement (hereinafter “the instant lease agreement”). On April 9, 2013, the Plaintiff received the fixed date after completing the move-in report on April 12, 201.

C. At the time when the Plaintiff entered into the instant lease contract, 12 households were located in the instant multi-family house from 30,000,000 to 70,000,000 won, and the register of the register was completed with the maximum debt amount of 325,00,000 won, E-mortgage, and the registration of the establishment of a neighboring community bank of the U.S., which was the obligor and the mortgagee of the instant multi-family house.

C sold the instant multi-family house to Samsung Special Corporation on April 26, 2014, and Samsung Special Corporation completed the registration of ownership transfer at that time.

E. The U.S. Saemaul Bank applied for the auction of the F real estate rent for the instant multi-family house to the Cheongju District Court. As the sale of the instant multi-family house was permitted for KRW 537,448,375, which was lower than the assessed amount to be reduced on December 7, 2016, the Plaintiff could not receive any dividends at all during the above auction procedure, and Samsung Special Co., Ltd. shall return the deposit to the Plaintiff.