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(영문) 서울중앙지방법원 2018.07.23 2017가단5195001

손해배상(기)

Text

1. Defendant D and the Korean Licensed Real Estate Agents Association jointly share KRW 32,500,000 to Plaintiff B and the related thereto. < Amended by Act No. 15183, Dec. 27, 2017>

Reasons

1. Basic facts

A. Defendant C is a mutual aid contractor who operates the E Licensed Real Estate Agent Office, Defendant D is a licensed real estate agent who operates a joint office of F Licensed Real Estate Agent, and Defendant D is a mutual aid contractor who has concluded a mutual aid agreement with the content that compensates for the above damages within the limit of 100,000,000 if the liability for damages is borne by intention or negligence on the part of the parties to the transaction in mediating the act by Defendant C and D.

B. On August 24, 2013, Plaintiff A entered into a lease agreement with Defendant C to lease each of the 303 units (hereinafter “instant housing”) out of the building for multi-family housing of the fourth floor of the H of Ulsan-dong-gu, Ulsan-gu (hereinafter “instant building”) owned by G and G (hereinafter “instant building”) at KRW 40,00,000, and the term of lease, from August 28, 2013 to August 27, 2015 (hereinafter “instant lease agreement”).

C. On October 18, 2013, I purchased the instant building and its site in KRW 730,000,000 from G and acquired ownership of the instant building on November 8, 2013.

Plaintiff

B On October 29, 2014, on the condition that I and 202 of the instant building (hereinafter “instant housing”) among Defendant D’s brokerage entered into a lease agreement with each of the following terms: (a) the lease deposit of KRW 65,000,000; and (b) the lease term of November 23 through November 22, 2014 (hereinafter “instant lease agreement”; and (c) the Plaintiffs’ lease agreement was collectively referred to as “each of the instant lease agreements”).

At the time of each of the instant lease agreements, there was a registration of establishment of a neighboring mortgage, which is a mortgagee of the right to collateral security (hereinafter “the right to collateral security of this case”) with respect to the instant building and its site, the maximum debt amount of KRW 650,000,000, and

E. Defendant C and D are the instant building in the column for “matters of rights other than ownership” of the description of confirmation of the object of brokerage attached to each of the instant lease agreements.