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(영문) 대구지방법원 2014.06.10 2013가단803315
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 19,500,000 as well as 5% per annum from November 29, 2012 to June 10, 2014.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent running D real estate brokerage office in Daegu-gu, and the Defendant Association is a mutual aid business entity established to guarantee broker’s liability for damages. On March 25, 2010, Defendant B entered into a mutual aid agreement with Defendant B by setting the deductible amount of KRW 100 million, and the period of mutual aid from March 26, 201 to March 25, 201.

B. On February 14, 2011, Defendant B mediated a lease agreement between the owner F of the instant multi-family house and the Plaintiff with respect to the multi-family house (hereinafter “instant multi-family house”) located in Daegu-gu E (hereinafter “instant land”).

C. At the time, Defendant B prepared a confirmation and explanatory note of the object of brokerage (hereinafter “verification explanatory note”) and delivered it to the Plaintiff. At the time, the confirmation explanatory note (matters related to collateral security) recorded in the register is all recorded, but only F’s seal is affixed to “the relation of de facto rights or matters related to rights that are not publicly notified” in the relation of rights.

At the time of brokerage assistant G, while showing to the Plaintiff the copy of the register of the instant land and the instant multi-family house, explaining the legal relationship of the instant multi-family house, etc., the key contents at the time are as follows.

The multi-family house of this case is the form that can be occupied by 11 households. At the time of the above lease, there were two senior tenants at the time of the above lease, and the occupancy of small-sum tenants was anticipated, and the right to collateral security of KRW 468,00,000 was set.

Therefore, when the auction procedure based on the above right to collateral security is in progress, the plaintiff may lose the opposing power of the lease contract on the building of this case, and the number of prior lessees and the amount of the lease deposit.

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