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(영문) 서울중앙지방법원 2017.05.19 2016나38442

손해배상(기) 등

Text

1. Of the judgment of the court of first instance, the plaintiffs against the defendants who fall under the following order to pay.

Reasons

1. Facts of recognition;

A. Defendant D is a licensed real estate agent, and the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant D to compensate for the damages within the limit of the amount of the mutual aid amount (10 million won) in the event Defendant D bears liability for damages due to intention or negligence in mediating real estate transactions during the mutual aid period (from November 28, 2010 to November 27, 2012) between Defendant D as a juristic person established for the purpose of the mutual aid program, etc. of licensed real estate agents.

B. On October 12, 201, Plaintiff A entered into a lease contract with F for the lease deposit amounting to KRW 40,000,000, and the lease period from October 27, 201 to October 26, 2012 (hereinafter “instant lease contract”) with Defendant D’s brokerage, with respect to the multi-family house located in Asan City (hereinafter “multi-family house in this case”) 401 located in Asan City (hereinafter “instant G multi-family house”). At that time, Plaintiff A paid the said lease deposit to F.

Plaintiff

A shall file a move-in report on October 28, 201 after moving into the said house and received a fixed date.

C. On October 26, 2012, Plaintiff B entered into a lease agreement with F on a deposit for the lease of KRW 43,000,000 with respect to the instant G multi-family house 403 as the broker of Defendant D, and paid the said deposit to F on November 1, 2012, by setting the lease term from November 1, 2012 to October 31, 2014 (hereinafter “instant lease”).

Plaintiff

B On October 26, 2012, after moving into the above house, the moving-in report was made and the fixed date was received.

The instant G multi-family house is a structure in which 12 households can reside in the fourth floor building.

At the time of entering into the instant first and second lease contract, with respect to the building and site of the instant G-family house, the right to preferential reimbursement was established in the name of the creditor, the maximum debt amount, which is 377,000,000, in the name of the creditor, and the Plaintiffs have the right to preferential reimbursement by having the fixed date prior to