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(영문) 서울중앙지방법원 2020.05.01 2019가단5225647
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s delivery of real estate stated in the separate sheet from the Plaintiff at the same time.

Reasons

1. Plaintiff’s claim against Defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Plaintiff’s claim against Defendant C and D Association

A. The Plaintiff’s assertion is a licensed real estate agent operating a real estate agent’s office under the name of “E Licensed Real Estate Agent Office”. On August 18, 2017, the Plaintiff leased KRW 40,000,000 of the real estate indicated in the separate sheet (hereinafter “instant real estate”) which Defendant B owned by Defendant C according to the brokerage of Defendant C, and paid all the lease deposit to Defendant B.

However, the instant real estate is a real estate trusted to F Co., Ltd. (hereinafter “F”); Defendant C is the Plaintiff’s ownership of the instant real estate and must explain to the Plaintiff that Defendant B did not have the right to lease without F’s prior consent, and thereby, caused the Plaintiff not to receive refund of KRW 40,00,000,000, as it did not explain the fact that it did not have the right to lease. As such, Defendant D Association is a mutual aid business entity that entered into a mutual aid agreement with Defendant C, and thus, Defendant D Association is liable to compensate the Plaintiff for the said damage jointly incurred to the Plaintiff.

B. (1) According to Article 25 of the Licensed Real Estate Agents Act, if requested for brokerage, a licensed real estate agent shall confirm the state, location and right relationship of the object of brokerage, transaction or use restrictions pursuant to Acts and subordinate statutes, and other matters prescribed by Presidential Decree and explain it faithfully and correctly to the brokerage client who intends to acquire the right of the object of brokerage before the brokerage is completed, and shall present a certified copy of land cadastre or a comprehensive real estate certificate, a certificate of registration certificate, etc. as evidentiary materials for the explanation (paragraph (1)) and if necessary for the confirmation and explanation pursuant to paragraph (1).

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