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(영문) 서울중앙지방법원 2017.11.16 2016가단5167184

손해배상(기)

Text

1. The Defendants jointly share KRW 48,000,000 and 5% per annum from November 28, 2016 to November 16, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B, as a licensed real estate agent, opened and operates the “D Licensed Real Estate Agent Office” in the macro-si, and the Defendant Korea Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant B to compensate for the damage caused by a brokerage accident by setting the deductible amount as KRW 100 million from February 6, 2013 to February 5, 2014.

B. On December 9, 2013, the Plaintiff entered into a contract with Defendant B to lease the entire four floors of the multi-family house on the ground (hereinafter “instant multi-family house”) owned by E during the period from December 16, 2013 to December 15, 2014 (hereinafter “instant lease contract”), and entered into an agreement to lease the entire four floors of the multi-family house on the ground (hereinafter “instant multi-family house”). At that time, the Plaintiff paid all the above deposits and moved in.

C. The instant multi-family house was originally built of storage facilities for the first underground floor, the first floor for the stairs, and the second, third, and fourth floor for each household. However, the instant multi-family house was built for the expansion and reconstruction without the permission of the competent authority, and thereafter, was extended to the first, first, and fifth floors for the underground floor without permission of the competent authority.

At the time of the instant lease agreement, the instant multi-family house was registered with the maximum debt amount of 390,000,000 won in the name of the Hanman Agricultural Cooperative and the right to lease on a deposit basis of 100,000,000,000 won in the name of the Grand Leisure Industry Co., Ltd., and, at the time of the instant lease agreement, G leased three floors (301) to the lessee with the deposit amount of 95,00,000,000,000 KRW 46,000,00

The Housing Lease Protection Act has both opposing power and preferential right to payment under the Housing Lease Protection Act.

However, at the time of the instant lease agreement, the confirmation and explanatory note of the object of brokerage prepared and delivered by Defendant B to the Plaintiff was written in the column of “whether the building was in violation of the building ledger” as “law”, and the column of “rights other than ownership” as “right matters other than ownership,” respectively, and the said collateral security in the name of the Japanese Agricultural Cooperative.”