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(영문) 대전지방법원 2017.04.27 2016가단207840

손해배상(기)

Text

1. The Defendants jointly share KRW 37,500,000 with respect to the Plaintiff and KRW 5% per annum from June 21, 2016 to April 27, 2017.

Reasons

1. Basic facts

A. On July 30, 2013, the Plaintiff, a licensed real estate agent, concluded a lease agreement (hereinafter “instant lease agreement”) between Defendant B and C, the broker of Defendant B and C, by setting a deposit of KRW 75,000,000, and the lease period from August 30, 2013 to August 29, 2015, with respect to the instant multi-family house owned D E (hereinafter “instant multi-family house”).

B. At the time of the conclusion of the instant lease agreement, on September 29, 2003, the establishment registration of the instant multi-family house was completed each of the maximum debt amount of Han Bank Co., Ltd. 5,000,000 won, the maximum debt amount of the Han Bank’s Han-do Credit Cooperatives on March 29, 2006, KRW 104,000,000,000, the maximum debt amount of the Han-do Credit Cooperatives on April 28, 2006, and KRW 45,50,000,000, respectively. < Amended by Act No. 8075, Nov. 29, 2007>

C. On June 23, 2015, upon the F’s request for auction by the F, the instant multi-family house had been decided to commence compulsory auction on June 23, 2015. At the auction procedure, the instant multi-family house was sold in KRW 1,248,90,000, and the sales proceeds were distributed in sequence to the top priority lessee, such as G, H and I, the mortgagee of the right to collateral security, the pledgee of the right to collateral security, and the senior fixed-date lessee, and the

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Association”) concluded a contract between Defendant B and C to compensate for losses incurred by a third party due to the practice of licensed real estate agents.

[Reasons for Recognition] Each entry of Gap 1-3 (including paper numbers), the purport of the whole pleadings

2. Determination

(a) while mediating a lease contract for part of multi-family houses, the broker must provide data on the relationship of rights, etc. of multi-family houses necessary to determine whether the lessee can be fully refunded the lease deposit after the termination of the lease contract.