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(영문) 대구지방법원 2015.01.23 2013가단51633

손해배상(기)

Text

1. Defendant E’s KRW 18,100,000 for the Plaintiff and 5% per annum from December 18, 2012 to January 23, 2015.

Reasons

1. Basic facts

A. Defendant B, C, and the Korean Licensed Real Estate Agent Association 1) registered the establishment of a brokerage office in the name of “G Licensed Real Estate Agent Office” in the Daegu Suwon-gu, Daegu-gu, as a licensed real estate agent. Defendant B, around May 2012, allowed Defendant C to act as a broker in the name of his/her licensed real estate agent. Defendant B was indicted in summary against Defendant B and C as “violation of the Act on the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions.” On August 2, 2013, the Daegu District Court issued a summary order of KRW 3 million to Defendant B and KRW 5 million to Defendant C, as the Daegu District Court Decision 2013 High Court Decision 2082, the Daegu District Court issued a summary order of KRW 200,000,000 to Defendant C, the Korea Licensed Real Estate Agent Association concluded a mutual aid agreement between Defendant B and the mutual aid agreement between January 1, 2012 to December 31, 2012.

B. Lease 1 between Defendant E and H is the building located in the Daegu Suwon-gu J from H under the name of Defendant D, the wife on April 28, 2012 (hereinafter “instant building”).

From May 1, 2012 to April 30, 2014, Defendant E leased the first floor as lease deposit amounting to KRW 30 million and KRW 1900,000 per month of rent (excluding value-added tax). Defendant E registered his/her business in the name of Defendant D on May 3, 2012, and thereafter, Defendant E operated the restaurant (hereinafter “instant restaurant”) with the trade name “L” from the first floor.

C. Contract 1 between the Plaintiff and Defendant E was introduced by Defendant C during the physical display of the place to open “M”. On November 27, 2012, the Plaintiff acquired the instant restaurant and equipment in KRW 51 million from Defendant E as the broker of Defendant C (hereinafter “instant transfer contract”).

A) The main contents of the instant transfer agreement are as follows. Article 4 (Cancellation of Contracts) (3) The transferor is the owner before the payment date of the balance.