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(영문) 대전지방법원 2016.01.19 2015나104563

임대차보증금반환 등

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Reasons for the court of this case to be stated in this case is "3.B" judgment of the court of first instance.

limitation of liability,

C. Sub-decisions;

4. Conclusions: 1. Facts of recognition;

3.(a)

Since the occurrence of liability for damages is the same as the reasons for the occurrence of the damages, it shall be quoted in accordance with the main sentence of Article 420

2. The part to be mard;

A. 1) Where a real estate transaction agent delegates the brokerage of real estate transactions to a licensed real estate agent, a licensed real estate agent is liable to investigate and confirm the relationship of rights of the object of brokerage in accordance with the purport of delegation and to compensate for any damage incurred therefrom if he/she violates his/her duty of care. However, the transaction agent is not wholly responsible for the investigation and confirmation of the transaction relationship that the transaction agent himself/herself bears. Therefore, in order to determine the scope of compensation for the damage incurred to the brokerage client by failing to perform his/her duty of investigation and verification as to whether a real right holder is a real right holder in the brokerage of real estate transactions, it is reasonable to deem that a negligence can be offset by negligence by considering that the agent is negligent in the mediation client, who is the victim, and that the lessee resides in the multi-family house of this case and the multi-family house of this case are partly leased in the form of multi-family house of this case (see, e.g., Supreme Court Decision 2012Da6954, Nov. 29, 2012).