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(영문) 의정부지방법원 2017.06.30 2016가단32735
손해배상
Text

1. The Defendant’s KRW 9,00,000 and its annual rate from December 2, 2016 to June 30, 2017 to the Plaintiff is 5% and the next day.

Reasons

1. Basic facts

A. On July 9, 2012, the Plaintiff entered into the instant lease agreement (i) a single multi-family house with the lessor C and Seocheon-si D and E ground No. 2 (hereinafter “instant multi-family house”) under the brokerage of the Defendant, a licensed real estate agent, on July 9, 2012.

With respect to subparagraph 101 of this Article, a lease contract (hereinafter “instant lease contract”) is deemed to be a lease contract with a period fixed from August 7, 2012 to August 7, 2014 with respect to KRW 50,000,000, and the term of lease from August 7, 2012.

(2) On the other hand, Article 9 of the instant lease agreement provides that the broker shall prepare a description of confirmation of the object of brokerage and deliver it to both parties to the transaction on July 9, 2012, along with a copy of the business guarantee certificate (certificate, etc.).

‘The phrase is written.'

B. At the time of the conclusion of the instant lease agreement, the instant multi-family house had already been registered as a joint security for the secured debt of the instant multi-unit house, under the Act No. 26207, Jul. 7, 201, as to the instant multi-family house at the time of the conclusion of the instant lease agreement, KRW 980,00,000, the maximum debt amount was 980,000,000, the debtor C, and the mortgagee C, and the mortgagee. (2) The instant multi-family house was already provided as the joint security for the secured debt of the said right.

3) Meanwhile, prior to the Plaintiff’s conclusion of the instant lease agreement, several tenants had resided in the instant multi-family house and other multi-family houses provided as the above joint collateral. 4) However, the Defendant, a licensed real estate agent, did not explain to the Plaintiff, as lessee, the amount of deposit money of the prior fixed date lessee regarding the instant multi-family house and other houses provided as the joint collateral, as well as the order of priority based on the fixed date.

C. After the conclusion of the instant lease agreement, the Plaintiff entered into the instant lease agreement on July 12, 2012.

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