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(영문) 서울중앙지방법원 2016.11.15 2015가단210826

손해배상 등

Text

1. The Defendants jointly share KRW 35,000,000 with respect to the Plaintiff and 5% per annum from March 14, 2016 to November 15, 2016.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent operating the D Licensed Real Estate Agent Office in Gwanak-gu in Seoul Special Metropolitan City.

B. On January 23, 2013, the Plaintiff entered into a lease agreement with Defendant B to lease (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 70,00,000, monthly rent of KRW 50,000, monthly rent of KRW 50,000, and the lease period from January 31, 2013 to February 3, 2015, among the land and multi-family houses owned by Defendant B (hereinafter “instant multi-family houses”).

C. The Plaintiff paid KRW 70,000,000 to E, and had resided in the instant multi-family house 2 after the move-in report and the confirmation date was completed on January 31, 2013.

After that, on February 21, 2014 with respect to the instant multi-family house, the compulsory auction commenced to G with the Seoul Central District Court G, and on August 21, 2015, the instant multi-family house was sold.

E. However, in the above compulsory auction procedure, the Plaintiff demanded a tenant to demand a distribution on March 20, 2014, but did not receive any distribution at all as follows on October 8, 2015.

(2) In the case of Gwanak-gu in Seoul Special Metropolitan City, 865,100 won in the case of a tenant with a fixed date. 24,720,00 won in the case of a tenant with a fixed date. 4,261,529 won in the case of a mortgagee. 419,261,529 won in the case of a mortgagee. 554,000 won in the case of a creditor and a creditor having a right to claim a lease on a deposit basis. 554,00 won in the case of a creditor and a creditor having a right to claim a lease on a deposit basis.

F. On the other hand, on February 13, 2012, Defendant B entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) with the amount of 100,000,000 won, and the period of mutual aid determined from February 13, 2012 to February 21, 2013, where damage was incurred to a transaction party due to intentional or negligent conduct of real estate brokerage during the period of mutual aid (hereinafter “instant mutual aid agreement”).

G. The defendant Association.