손해배상(기)
1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:
1. Facts of recognition;
A. On February 19, 2014, the Plaintiff (former name: C) as a broker of Defendant B, a licensed real estate agent, paid the above lease deposit to D by setting the lease deposit amount of KRW 55,000,000 among multi-household housing located in Cheongju-si E (hereinafter “instant housing”) and the lease period from April 9, 2014 to April 9, 2018 (hereinafter “instant lease contract”). < Amended by Act No. 12373, Apr. 9, 2014; Act No. 12544, Apr. 9, 2014>
B. At the time of the instant lease agreement, Defendant B stated “the matters of rights for the articles that are not yet related to the de facto relationship of rights or are not publicly announced” as “the details of the broker’s detailed confirmation” as “the lessor’s notification to the lessee that the total deposit amount of KRW 53,00,000 is KRW 53,000,000,000, out of the occupancy household of the present building” under the explanation of D, a lessor.
However, Defendant B did not explain to the Plaintiff or present the data upon ascertaining the data about the lease deposit, time and termination period, etc. of other tenants who already resided in the instant house at the time.
(A) The confirmation and explanatory note of the above object of brokerage does not state that D rejected such request even though Defendant B demanded materials on the above matters at the time of the instant lease agreement.
Meanwhile, as between June 2014 and November 201 of the same year, the Plaintiff and D agreed to repay KRW 50,000,000 among the loan obligations, which are the collateral obligations of the existing collateral security regarding the instant housing, at the time of the instant lease agreement, D did not perform the said agreement.
On November 17, 2016, the auction of real estate was held as F in the Cheongju District Court around 2016. However, in the above auction procedure, 420,19,215 won (the instant house was sold to KRW 510,548,440, but the appraisal was 510,548,440,00 won and the price was 425,00,000 won) to be actually distributed by the right holders other than the Plaintiff pursuant to the distribution schedule prepared on November 17, 2016.