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(영문) 대전지방법원천안지원 2014.10.17 2014가합100156

손해배상(기)

Text

1. The Defendants: (a) each of the Plaintiffs amounting to KRW 48,00,000 and each of the said amounts, respectively, from July 25, 2014 to October 17, 2014.

Reasons

1. Facts of recognition;

A. On October 13, 2012, Plaintiff A, the broker of Defendant C, a licensed real estate agent operating real estate brokerage business under the name of “D Licensed Real Estate Agent Office”, leased 203 units of the instant multi-family house from Nonparty F, the owner of the apartment house E on the ground (one household of 7, 3, 4, 6, 5, and one household of 5, respectively; hereinafter “instant multi-family house”) in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu (hereinafter “instant multi-family house”), for the lease deposit amount of KRW 60,00,000, and for the lease term of KRW 15, 2014, the lease deposit was fully paid.

Plaintiff

A shall complete the move-in report with the above 203 on October 15, 2012, and obtain a fixed date in the said lease contract.

B. On October 13, 2012, Plaintiff B also leased (i.e., KRW 60,000,000 of the instant multi-family house) from Defendant C’s brokerage by setting the lease deposit of KRW 205,00,000, and (ii) October 15, 2014 during the lease period (hereinafter “each of the instant lease agreements”) and paid the full amount of the said lease deposit.

Plaintiff

B completed the move-in report with the above 203 on October 15, 2012, and obtained a fixed date in the said lease contract.

C. At the time of entering into each of the instant lease agreements, F explained to Defendant C that the sum of the lease deposits of the lessees taking precedence over the Plaintiffs on the instant multi-family house and its site was KRW 300,000,000.

Defendant C explained to the Plaintiffs on the aggregate amount of the senior lease deposit as explained by F, and stated in the column of “the actual rights relationship or the rights of any object that is not disclosed” in each of the specifications for confirmation of each object of brokerage (No. 1-2 and No. 2-2 of the evidence A) as “the first priority revenue. The sum of monthly deposit: 300,000,000 won (the first priority revenue) and the ground: building owner F.

On the other hand, Defendant C explained to the Plaintiffs of the instant multi-family house and its site as to the right to collateral security confirmed on the registry, and each of the above objects of brokerage.