손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 11, 2016, the Plaintiff asserted that: (a) concluded a lease agreement on March 10, 2018 with the deposit amount of KRW 60 million for the H building I located in G and Yangsan-si; and (b) on March 10, 2018, for the brokerage of E Licensed Real Estate Agent Agent Office Assistant F, which the Defendant operates.
After the conclusion of the above contract, the Plaintiff raised an objection to F with the knowledge that the owner of the above real estate is not G but J corporation, which is a trustee, was unable to enter into the lease contract without the consent of the above trust company. However, F is expected to recover ownership in G name within three months, and F is willing to establish a collateral security right against the Plaintiff’s right to claim the return of deposit
However, the ownership of the above real estate was not restored in the G name, and G did not return the deposit to the Plaintiff even after the expiration of the lease term.
F neglected the duty to verify and explain the legal relationship of the above real estate through a certified copy of the register, etc., the Plaintiff entered into the above lease agreement and suffered damages equivalent to the lease deposit.
Therefore, the defendant, who is the employer of F, is obligated to pay the plaintiff the damages amounting to 60 million won and the damages for delay.
2. Article 15(2) of the Licensed Real Estate Agents Act provides that “Any act of a licensed real estate agent affiliated with a broker or brokerage assistant affiliated with a broker shall be deemed an act of a practicing licensed real estate agent who employs him/her,” and Article 30(1) provides that “if a practicing licensed real estate agent causes property damage to a transaction party due to intention or negligence in performing brokerage, the practicing licensed real estate agent shall be liable for such damage.” This strengthens or expands the employer’s liability under Article 756 of the Civil Act, and accordingly, the practicing licensed real estate agent has paid considerable attention to the appointment and supervision of an employee brokerage assistant, different from ordinary employer liability.