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(영문) 부산지방법원 2019.05.30 2018가단309763
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 70,000,000, and as to this, Defendant B from August 2, 2017, respectively.

Reasons

1. Basic facts

A. The party-related 1) Defendant D is the “F” (hereinafter “instant brokerage office”).

(2) Defendant D received KRW 600,000 per month from Defendant B and C, and lent the registration certificate of a licensed real estate agent’s certificate to the said Defendants on April 22, 2017. The said Defendants were engaged in real estate brokerage business between May 10, 2017 and February 20, 2018.

3) Defendant E Association (hereinafter “Defendant Association”)

(1) The term “instant mutual aid agreement” refers to a mutual aid agreement under which Defendant D and/or Defendant D will compensate for damage to the property of a transaction party within KRW 100,000,000, in cases where Defendant D and/or Defendant D caused damage to the property by intention or negligence in performing a real estate brokerage act (hereinafter “instant mutual aid agreement”) from April 20 to April 19, 2018.

B) Around June 21, 2017, the Plaintiff’s mother who represented the Plaintiff entered into a lease agreement with the Plaintiff (hereinafter “instant real estate”). Around June 21, 2017, the Plaintiff’s mother, upon the introduction of Defendant C, who is an employee of the instant brokerage office, entered into a lease agreement with the lessor H, lease deposit amounting to KRW 70,00,000, and the term of lease from June 26, 2017 to June 25, 2019 with the Plaintiff’s name as the lessee, and the broker entered into a lease agreement with the Busan Family Court (hereinafter “instant lease agreement”).

2. At the time of the formation of the instant lease agreement, although Defendant B did not have been delegated the authority of Defendant B with H by the owner of the instant real estate, Defendant B and C were to prepare the instant lease agreement in the capacity of H’s agent with the delegation of authority from H by Defendant B as the owner of the instant real estate. A certified copy of the registry of the instant real estate, a description verifying the object of brokerage, and a certificate of mutual aid.

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