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(영문) 부산지방법원 2019.04.23 2018가단4174
손해배상
Text

1. The Plaintiff:

A. Defendant B and C shared KRW 80,000,000 and Defendant B with respect thereto from August 28, 2017 to August 2018.

Reasons

1. Facts of recognition;

A. (i) Defendant D, as a licensed real estate agent on April 22, 2017, is a person who received KRW 600,000 per month from Defendant B, F, etc. and lends his/her certificate of licensed real estate agent and registration certificate of its brokerage office to Defendant B, etc.

Defendant B, etc., upon lending a certificate of qualification of licensed real estate agent from Defendant D to February 20, 2018, run the “I Licensed Real Estate Agent Office” in Busan Dong-gu G and H (hereinafter “instant brokerage office”) between May 10, 2017 and February 20, 2018.

D. The Defendant E Association (hereinafter “Defendant Association”) concluded a mutual aid agreement (hereinafter “instant mutual aid agreement”) with Defendant D for compensation within KRW 100,000,00 in cases where Defendant D caused property damage to the transaction parties by intention or negligence in performing real estate brokerage activities from April 20, 2017 to April 19, 2018.

Fidelity Plaintiff is a person who leases Jtel K of Busan Dong-gu (hereinafter referred to as “instant real estate”) under the following circumstances:

B. (i) On August 2017, the Plaintiff: (a) visited the instant real estate at the Internet as a pre-sale, and concluded a pre-sale contract regarding the instant real estate under the brokerage of Defendant B, referred to as “L”, as the person working at the instant brokerage office, who visited the instant brokerage office around August 2017.

B. At the time of the Plaintiff, the Plaintiff heard the horses that “The owner M of the instant real estate was far from the house, so it is difficult for M’s children (Defendant C) to be written in writing on the day of the contract, and paid KRW 1 million as the down payment to “L” on the same day. On August 17, 2017, the date of the contract, the Plaintiff entered into a lease contract with Defendant C, which is called the owner’s son, with the former deposit amount of KRW 80 million as to the instant real estate, and paid KRW 10 million as the down payment to Defendant C, and the remainder of the following day is KRW 69 million.

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