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(영문) 서울중앙지방법원 2017.08.10 2016가단5122242
손해배상(기)
Text

1. Defendant C and the Korea Licensed Real Estate Agent Association shall jointly cooperate with Plaintiff B for KRW 11.5 million and with respect thereto from August 7, 2016.

Reasons

1. Facts of recognition;

A. In Suwon-si E, Suwon-si, Suwon-si, the office of licensed real estate agents; Defendant C is a practicing licensed real estate agent who operates the Office of Licensed Real Estate Agents; Defendant Korea Licensed Real Estate Agents Association (hereinafter “Defendant Association”) established for the purpose of the mutual aid program, etc. of licensed real estate agents; and Defendant D and Defendant C entered into a mutual aid agreement with each of them to compensate for the damages within the limit of the amount of deduction (10 million won) in the event they are liable for damages under the Licensed Real Estate Agents Act by intention or negligence to cause property damage to the transaction parties during the mutual aid period between Plaintiff and Defendant C as a corporate real estate agent D and Defendant C.

B. On February 1, 2012, Plaintiff A entered into a contract with H to lease KRW 401 of the second class neighborhood living facilities (public notice board; hereinafter “instant housing”) of the fourth class of the fourth class located in Suwon-gu, Suwon-gu, Suwon-gu, I (hereinafter “instant housing”) on the lease deposit, and entered into the lease deposit on February 17, 2012 and received a move-in report and a fixed date on February 3, 2012. Plaintiff B entered into a contract with H to lease KRW 302 of the instant housing as the broker of Defendant C on January 4, 2015, and received a move-in report and a fixed date move-in report on February 23, 2015.

C. At the time of entering into each of the above lease agreements, 30 households were located in the instant housing as the lease or monthly rent, and the copy of the register was 650,000,000 won with the maximum debt amount, and the registration of creation of a collateral security-based agricultural cooperative as the debtor H and Suwon-won Agricultural Cooperative.

On June 10, 2015, upon the application of IMB wave Korea Co., Ltd., the Suwon District Court started the judicial compulsory auction procedure for the instant housing on June 10, 2015. The Plaintiffs are 22 million won that does not reach each deposit in the above auction procedure.

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