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(영문) 인천지방법원부천지원 2016.10.14 2016가단102124
손해배상(기)
Text

1. As to Defendant C and D’s 75,00,000 won jointly and 65,000,000 won among them, the remainder 10,000 won from July 3, 2010, and

Reasons

1. Determination as to the claim against Defendant C and D

A. The indication of the claim under Article 750 (Defendant D), Article 15 (2) and Article 30 of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions, Article 756 (Defendant C) of the Civil Act, which constitutes deception of KRW 75,00,00,000, which was paid to Defendant D as the deposit for lease deposit, on the ground of deception of KRW 10,000,00,000, which was paid on July 3, 2012 as the deposit, as if the Plaintiff had the right to enter into a lease agreement with Defendant D, which was owned by Defendant D, as the broker of Defendant C, the licensed real estate agent, and the spouse of Defendant C, as the agent of Defendant C (hereinafter “instant apartment”).

(b) Defendant C: Article 208(3)3 (a) of the Civil Procedure Act (amended by service by public notice) 2 of the same Act: Defendant D: Article 208(3)2 (i) of the Civil Procedure Act

2. Determination on the claim against the defendant Korean Licensed Real Estate Agent Association

A. The facts of recognition 1) Defendant C, as a licensed real estate agent, is a licensed real estate agent, who runs an authorized brokerage business under the name of “H real estate” in Bupyeong-gu, Seocheon-gu, Busan, and Defendant D, as the spouse of Defendant C, was registered as an assistant to the above real estate and actually operated the above real estate. Defendant D, as the owner, was entitled to represent E even though he was not entrusted with the right to conclude a lease contract by the E, as if he belonged to the Plaintiff on June 11, 2010, was entitled to represent E, as if he had the right to represent the apartment of this case on June 11, 2010, set up a lease contract under which the lessor, E, the lessee, the broker, the broker H Licensed Real Estate Agent C, the period from July 3, 2010 to be included in the leased real estate (hereinafter “instant contract”), and delivered the instant apartment to the Plaintiff (hereinafter “the Plaintiff”).

3. On July 3, 2012, Defendant D provided for in the instant contract for the lessor E, the Defendant, and the lessee with respect to the instant apartment.

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