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(영문) 서울중앙지방법원 2015.03.27 2013가합83515
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C shall each be KRW 110,00,000 per annum from November 19, 2009 to July 5, 2014.

Reasons

1. Facts recognized;

A. The owner of Gangnam-gu Seoul E building 1008 (hereinafter “instant real estate”) is F, and Defendant B merely leased the instant real estate from F as monthly rent, and did not have the authority to lease the instant real estate to another person and to receive the deposit.

Nevertheless, Defendant B, who himself was the actual owner of the instant real estate, was willing to enter into a lease agreement with another person with respect to the instant real estate and to acquire a lease deposit by fraud.

B. On November 14, 2009, the Plaintiff visited the G Licensed Real Estate Agent Office operated by Defendant D, a licensed real estate agent, to rent residential real estate.

Defendant C, an employee of Defendant D, found a house to be introduced to the Plaintiff, and received the instant real estate from Defendant C, operating the I Licensed Real Estate Agent Office.

On the same day, the Plaintiff, together with the above H and Defendant C, opened the instant real estate.

At that time, the above H and Defendant C told the Plaintiff to the effect that “as soon as possible enter into a contract because there is no problem in the relationship of rights with respect to the instant real estate.”

C. On the same day, Defendant D and the above H told that the Plaintiff returned to the G Licensed Real Estate Agent’s office to the effect that “No problem exists with the instant real estate. The Plaintiff would promptly conclude a lease agreement because the Plaintiff did not have any damage to the instant real estate.”

Accordingly, the Plaintiff agreed to lease the instant real estate in KRW 110,000,000, and paid KRW 500,000 as provisional contract deposit to Defendant D on the same day, and KRW 600,00 as brokerage commission.

On November 16, 2009, the Plaintiff entered into an I Licensed Real Estate Agent Office with the above H to conclude a lease agreement on the instant real estate.

However, there was no F in that place, and there was only Defendant B and C.

Defendant B stated to the effect that “Irre is the actual owner of the instant real estate, and Irre the nominal owner on the registry was changed to F.”

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