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(영문) 대전지방법원 2016.01.19 2014가단231054
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff in relation to KRW 8,922,838 and KRW 5,922,838 among them, from October 9, 2014, and KRW 3,00.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who operates each authorized brokerage office under the trade name of “D Licensed Real Estate Agent Office” and Defendant C is an “E Licensed Real Estate Agent Office”.

B. On January 2, 2012, F has completed the registration of ownership transfer with respect to G G G 246.5 square meters and multi-family houses with four floors above that ground (hereinafter “instant land”) in Jung-gu, Daejeon, Daejeon, and the multi-family houses with four floors above that.

C. On February 14, 2012, the Plaintiff entered into a lease agreement with F as to the lease deposit of KRW 90,000,000 with respect to the instant building 402.645 square meters, between F and F as a joint intermediary by the Defendants, with the term of lease from April 23, 2012 to April 23, 2014 (hereinafter “instant lease agreement”). At that time, the Plaintiff paid the lease deposit of KRW 90,00,000,000, and received the fixed date after completing the move-in report on the instant building on April 24, 2012.

The instant lease agreement and the accompanying description of the object of brokerage prepared and delivered by the Defendants included only two collateral security claims, which constitute a total of 367,000,000,000 of the maximum debt amount of the literary and creative credit union (hereinafter “Seo Chang-chul”) as “other rights than ownership,” and did not state any content as “the rights of the object that is not publicly notified of the actual relation of rights or the actual relation of rights.”

E. While the instant building is the retail store use for the first floor, the second floor is the three households in multi-family houses, the third floor in multi-family houses, the fourth floor in multi-family houses, and the 8 households in multi-family houses in total in multi-family houses.

F. At the time of the conclusion of the instant lease agreement, the right registered in the instant building was ① jointly with the instant land on July 20, 201, and the right to collateral security, each of which was 247,000,000 won with the maximum debt amount, and 120,000,000 won, respectively, was set up in the name of the Defendant, and ② on February 3, 2012, with respect to the instant building, the right to collateral security was set up for the purpose of 201, which was 201, for the second floor thereafter, from February 3, 2012 to February 3, 2014.

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