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(영문) 수원지방법원 2016.12.15 2016가단518624
손해배상(기)
Text

1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of 5% from March 15, 2016 to December 15, 2016, and the following.

Reasons

1. Basic facts

A. The Defendant is a licensed real estate agent running the office of “Dauthorized Licensed Real Estate Agent” in Osan-si.

B. On March 13, 2014, the Plaintiff requested the Defendant to rent a house in which he/she would reside, and concluded a lease agreement with the Defendant to lease each of the five-story housing buildings (hereinafter “instant housing”) 401 (hereinafter “instant housing”) among the five-story housing buildings (hereinafter “instant building”) on the fifth five-story ground of the F-Si, Osan-si (hereinafter “instant building”), which are owned by E and his/her owner, on a deposit basis of KRW 46,000,000, and the term of lease from March 27, 2014 to March 27, 2016 (hereinafter “instant lease agreement”).

C. At the time of the instant lease agreement, there were the maximum debt amount of KRW 845,00,00,000 for the instant building and its site, the registration of establishment of mortgage, the National Federation of Fisheries Cooperatives, which is the mortgagee, and the security deposit for lease deposit of KRW 30,00,000 for lease, and the right of lease order,

In mediating the instant lease agreement, the Defendant entered the maximum amount of debt and the amount of debt of the said right to collateral security established on the instant building and its site in the column for the “matters of rights other than ownership” of the description of confirmation of object of intermediation attached to the instant lease agreement, but did not state any content in the “matters of rights other than ownership” column of the said description, and did not request E to submit data on the lease deposit, lease period and termination date, etc. of other tenants.

E. The Plaintiff paid KRW 46,00 in full to E by March 27, 2014, and received a fixed date in the instant lease agreement by filing a move-in report on the instant housing around March 27, 2014.

F. Thereafter, H completed the registration of ownership transfer on the instant building on September 26, 2014, and on March 6, 2013, upon the application of the National Federation of Fisheries Cooperatives, Suwon District Court I (hereinafter “instant auction procedure”).

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