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(영문) 서울중앙지방법원 2017.08.11 2016가단5089734

손해배상

Text

1. The Defendants jointly share KRW 22,00,000 with respect to the Plaintiff and Defendant B with respect thereto from August 9, 2016.

Reasons

1. Basic facts

A. On October 2, 2013, the Plaintiff entered into a lease agreement between D and Defendant B, a licensed real estate agent who operates the “C Licensed Real Estate Agent Office” (hereinafter referred to as the “C Licensed Real Estate Agent Office”). From October 27, 2013 to October 27, 2015, the Plaintiff entered into the said lease agreement with the Plaintiff, setting the deposit deposit amount of KRW 200 million (hereinafter referred to as the “instant lease agreement”); and on October 4, 2013, the Plaintiff resided in the instant house after obtaining the fixed date on the said lease agreement and paying the deposit around that time.

B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B to compensate for the damage suffered by the parties to a transaction by imposing liability under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 11866, Jun. 14, 2013; hereinafter “former Licensed Real Estate Agent Act”) in cases where Defendant B caused property damage to the parties to a transaction by intention or negligence in performing real estate brokerage by determining the amount of deduction as KRW 100 million, and the period of deduction as from November 18, 2012 to November 17, 2013.

C. On May 24, 2010, the instant house completed the registration of creation of a mortgage consisting of the creditor agricultural cooperative as the maximum debt amount of KRW 220,00,000,000, and on October 31, 2013, the maximum debt amount of KRW 144,00,000 was changed to the maximum debt amount of KRW 144,00,000. On January 12, 2011, the provisional registration of the F’s right to claim the transfer of ownership was completed on January 12, 201.

Upon entering into the instant lease agreement with the Plaintiff and Defendant D, F agreed to consent to the Plaintiff’s right to lease on a deposit basis and agreed to cancel the provisional registration at the time of the remainder payment. As the Plaintiff paid KRW 50 million out of the deposit to F on October 28, 2013, F implemented the procedure for cancelling the provisional registration under its name.

E. On the other hand, Defendant B D.

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