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(영문) 수원지방법원안산지원 2020.01.08 2018가단13226

손해배상

Text

1. The Plaintiff:

A. Defendant B’s KRW 60,000,000 and the annual rate of KRW 5% from February 22, 2018 to October 22, 2018.

Reasons

1. Basic facts

A. The relationship between the parties 1) As between October 17, 2007 and June 21, 2018, Defendant B obtained a certificate of qualification of licensed real estate agent and a certificate of registration of a brokerage office from Defendant C, a licensed real estate agent, and between October 17, 2007 and June 21, 2018, “F Licensed Real Estate Agent Office” (hereinafter “instant office”).

(2) Defendant D Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant C to compensate for property damage to a transaction party by intention or negligence during the period of mutual aid between October 17, 2017 and October 16, 2018, when Defendant C engages in real estate brokerage as stipulated in the Licensed Real Estate Agents Act.

B. (1) Defendant B entered into a lease agreement. Defendant B’s building G of Jung-gu Incheon Jung-gu (hereinafter “instant officetel”).

(2) On September 23, 2016, Defendant B, who owned the instant officetel, completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 50 million, Defendant B, and the mortgagee H. Nevertheless, Defendant B, as the Plaintiff visited to rent an officetel on February 22, 2018, did not complete the registration of establishment of the instant officetel, issued the Plaintiff by altering the complete registration of establishment of the instant officetel’s instant officetel’s registration.

3) On the same day, the Plaintiff trusted the instant officetel between Defendant B and the same day, with the terms of a lease deposit of KRW 60,000,000 as to the instant officetel, and the term of lease from February 23, 2018 to February 22, 2020 (hereinafter “instant lease agreement”).

Upon entering into the lease contract, Defendant B paid KRW 6 million out of the lease deposit as the down payment. On February 23, 2018, Defendant B paid KRW 54 million as the remainder lease deposit to Defendant B. On the other hand, in the lease contract entered into at the time, Defendant C is indicated as a broker by a licensed real estate agent C, but in fact, Defendant C did not act as intermediary.

(c) Defendant C in the relevant criminal case is against Defendant B.

참조조문