beta
(영문) 대전지방법원천안지원 2016.11.04 2015가합102753

손해배상(기)

Text

1. All of the plaintiff's claims are 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 Real Estate Agent Office” in Jincheon-gun, Chungcheongnam-do.

On October 27, 2014, the Defendant Korean Licensed Real Estate Association concluded a mutual aid agreement between Defendant B and Defendant B with a view to guaranteeing liability for damages incurred to a transaction party when Defendant B caused property damage due to intention or negligence in mediating Defendant B, within the limit of KRW 100,00,000, and the period of mutual aid agreement between November 18, 2014 and November 17, 2015.

B. On November 28, 2014, the Plaintiff entered into a lease agreement with Defendant B as the broker, setting the lease deposit amount of KRW 30,000,000 for the lease deposit, and the lease period of KRW 30,000 for the lease deposit from January 1, 2015 to December 31, 2016, and the monthly rent of KRW 3,000 for the lease.

(2) The Plaintiff paid KRW 30,000,000 to E the lease deposit at the time of the instant lease agreement (hereinafter “instant lease agreement”).

【Reason for Recognition】 Each description of evidence Nos. 1, 3, 3, 3, 6, 1, 1, 2, and 3 of Eul (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff sought to rent the instant real estate for the purpose of operating a water shoot manufacturing plant, and Defendant B, the broker, was also aware of this fact, and the Plaintiff clarified the purpose of leasing the instant real estate even at the time of the formation of the instant lease agreement.

However, after the instant lease agreement, the Plaintiff was notified by the competent administrative authority that “the instant real estate is not a water-production plant because its use is inappropriate to its business purpose.”

Defendant B shall comply with Article 25 of the Licensed Real Estate Agents Act.