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(영문) 광주지방법원 2015.10.23 2015가합53836

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent operating the “D Licensed Real Estate Agent Office” located in Seo-gu, Seo-gu, Gwangju.

B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B (hereinafter “instant mutual aid agreement”) with the content that the Defendant Association would compensate the parties to the transaction for the said damage within the limit of the amount of the mutual aid amount in the event that the Defendant B’s act of real estate brokerage caused property damage to the parties to the transaction by intention or negligence during the period from December 22, 2012 to December 21, 2013.

C. On April 24, 2013, the Plaintiff entered into a lease agreement with Defendant B (hereinafter “instant brokerage”) on the condition that each of the real estate listed in the separate sheet jointly owned by F, etc. (hereinafter “each of the instant real estate”) with the limited liability company E and F (hereinafter “F, etc.”) will be leased by setting the lease deposit amount of KRW 300 million, monthly rent of KRW 11 million, and the lease term from April 26, 2013 to April 25, 2015 (hereinafter “instant lease agreement”). The Plaintiff paid KRW 300 million to F by April 26, 2013.

At the time of the instant lease agreement, the registration of seizure under the name of the Seo-gun (hereinafter “registration of seizure”) was completed as of January 9, 2013 by the Gwangju District Court, as of the 970/100 shares of a limited liability company E, among the real estate listed in the attached Table No. 2, as of January 9, 2013, and the Plaintiff was engaged in accommodation business from each real estate of the instant case to Gelel, after completing the registration of creation of chonsegwon as of April 26, 2013 by receipt No. 6822 on April 26, 2013.

E. On February 11, 2014, the National Federation of Fisheries Cooperatives, the mortgagee of each of the instant real estate, applied for the auction of real estate rent to the Gwangju District Court H on February 11, 2014, and the said court has held the auction

2.12. Voluntary decisions on the commencement of auction are made.