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(영문) 서울중앙지방법원 2016.01.19 2014가단188649

손해배상(기) 등

Text

1. The Defendants jointly share KRW 45,000,000 and 5% per annum from September 18, 2014 to January 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 18, 2013, the Plaintiff entered into a lease agreement (hereinafter referred to as the instant lease agreement) with D and lease deposit KRW 75,00,000, and the lease term until April 26, 2015, with respect to Article 604 of the Seodaemun-gu Seoul building (hereinafter referred to as the “multi-family house” in this case) as a broker by Defendant B. < Amended by Act No. 11871, Apr. 18, 2015>

B. On April 29, 2013, the Plaintiff paid KRW 75,000,000 to D, and subsequently completed the move-in report and received the fixed date.

C. Defendant B explained to the instant multi-family house at the time of the instant lease agreement that the priority mortgage was established over the maximum debt amount of KRW 676,00,000,000. However, Defendant B did not explain the details of the deposit, time and completion period, etc. of the lease agreement of another lessee, which had already been resided in, or did not present the relevant data.

On December 6, 2013, the auction of the instant multi-family house was commenced as the Daejeon District Court Support E for the Incheon District Court, and the payment was made on September 17, 2014. However, the Plaintiff did not receive any distribution at all due to the existence of the senior lessee, and there is little possibility that the deposit will be returned because of the lack of financial capability at present.

E. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid association which has concluded a mutual aid agreement of KRW 100,000,000 with Defendant B pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. Determination

(a) When a broker mediates a lease contract for part of a multi-family house, he/she shall provide data on the relationship of rights, etc. of a multi-family house necessary to determine whether the lessee can receive a refund of the lease deposit after the lease contract is terminated;

Therefore, the object indicated on the real estate registry is the lessee.