손해배상(기)
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On October 7, 2013, the Plaintiff concluded a lease agreement with Defendant C, the broker assistant of the E Licensed Real Estate Agent Office operated by Defendant B and D, with respect to F and D (hereinafter “instant real estate”) of KRW 60 million as deposit money, and the period from October 31, 2013 to October 31, 2015 (hereinafter “instant lease”).
At the time of entering into the instant lease agreement, the establishment registration of a neighboring mortgage in the name of the new bank was completed in the name of three new banks.
B. On October 2013, the Plaintiff paid a security deposit to F in accordance with the instant lease agreement, and thereafter made a move-in report after receiving the instant real estate from the Plaintiff, and obtained the fixed date in the instant lease agreement.
C. F was decided to commence individual rehabilitation procedures as of July 22, 2015 by the Jung-gu District Court 2014 2014 Ma21316. The list of the estimated amount of repayment of individual rehabilitation claims submitted in the instant case stated that the Defendant shall pay to the Plaintiff a total of KRW 18,054,240 out of the lease deposit amount of KRW 60 million for five years.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, request for delivery of documents by the head of Eunpyeong-gu, purport of the whole pleadings
2. A lessee whose key point of the Plaintiff’s assertion exceeds KRW 40 million is not protected as a lessee of small claims under the Housing Lease Protection Act. Therefore, the Defendants, as a licensed real estate agent, should not have mediated the instant lease agreement exceeding KRW 40 million, but did not notify the Plaintiff of the fact that the Defendants were not protected as a lessee of small claims under the Housing Lease Protection Act at the time when the instant lease agreement was concluded.
The Plaintiff breached the duty to explain the object of brokerage by the Defendants, thereby making the F and the lease deposit amount of KRW 60 million.