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(영문) 서울중앙지방법원 2019.02.19 2017가단5205731

손해배상(기)

Text

1. The Defendants jointly share the Plaintiff KRW 50 million with 50 million per annum from November 11, 2017 to February 19, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff, a practicing licensed real estate agent operating the “E Licensed Real Estate Agent Office” in Gwanak-gu, Seoul Special Metropolitan City, entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, a practicing licensed real estate agent operating the “E Licensed Real Estate Agent Office, on April 22, 2017, for which approximately 28 square meters of I-ho (hereinafter “instant subparagraph”) among the G’s neighborhood living facilities and multi-household detached housing buildings (hereinafter “instant building”) on the nine-story ground of H in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, for lease deposit of KRW 150 million and lease term of KRW 150 million from May 8, 2017 to May 7, 2019.

Accordingly, on May 8, 2017, the Plaintiff paid the F a deposit of KRW 150 million to the Plaintiff, and completed the move-in and move-in report with the delivery of the instant I, and received the fixed date on the same day.

B. At the time of the conclusion of the instant lease agreement, the explanatory note on the object of brokerage in the name of Defendant B (the evidence No. 2; hereinafter “instant explanatory statement”) states that the collateral security is established with the maximum debt amount of KRW 912 million in the name of J safe in the column of legal relationship, and “the matters regarding the right of the object that is not publicly notified or has not been publicly notified of the actual relation of legal relationship” in the column for “the right of the object in the actual relation of rights” shall be received from five households

b. The phrase “the oral statement of the lessor” is written as the condition of 700,000,000 total deposit.

However, at the time of the conclusion of the instant lease agreement, there was a lessee and a lease deposit more than what was stated in the instant confirmation statement, as well as the details of the attached sale object (excluding the fact that the lease was commenced after the conclusion of the instant lease agreement, but the N andO received only the priority repayment as a small lessee under the Housing Lease Protection Act later, but the moving-in report was made after the conclusion of the instant lease agreement) in addition to those on which the said mortgage was established.

C. The building of this case.