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(영문) 서울중앙지방법원 2015.06.25 2014가단228721
손해배상(기) 등
Text

1. The Defendants jointly share KRW 31,200,000 to the Plaintiff and Defendant B with respect thereto from October 25, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the lessee who leased the “D” multi-family house 402, the term “D” location in the Asan City, and the Defendant B is the licensed real estate agent who arranged the above lease, and the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with the Defendant B with the Association to compensate for the damages of the parties to the transaction regarding the real estate brokerage with the Association.

B. On November 4, 2011, the Plaintiff concluded a lease agreement with the owner of the said multi-family house 402 as a broker B, setting the lease deposit amount of KRW 52 million from the owner E, and from November 15, 2011 to November 14, 201, and paid the said lease deposit.

C. At the time of the conclusion of the instant lease agreement, only the registration of creation of a mortgage near the boundary of the maximum debt amount causing 4550 million won in the name of the Seocho Saemaeul Fund, was completed with respect to the instant multi-family house, but the prior lessee who has already obtained the fixed date is also next to the following.

As seen in the foregoing paragraph, at least five persons (hereinafter referred to as the “priority lessees”) have reached the total amount of the guaranteed amount of KRW 250 million.

However, while Defendant B issued a explanatory statement about the object of brokerage to the Plaintiff, it did not explain the existence of senior lessee and the security deposit for lease as follows, and it did not request the lessor E to provide related data.

(2) Matters concerning the rights to be entered in the register of rights, other than ownership, and matters concerning the rights to be entered in the register of rights; 1. Mountainous mortgage-backed claims amounting to KRW 455 million, or matters concerning the rights not publicly announced;

D. After that, regarding the instant multi-family house, the procedure for the auction of real estate was initiated as the Daejeon District Court Support Fund for the Incheon District Court.

According to the distribution schedule drawn up on October 24, 2014.

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