2014 Ghana 258678 Mutual Aid

A

Korean Licensed Real Estate Agents Association

March 24, 2016

April 14, 2016

1. The defendant shall pay to the plaintiff 42,00,000 won with 5% interest per annum from March 1, 2015 to April 14, 2016, and 15% interest per annum from the next day to the day of complete payment.

2. All remaining claims of the Plaintiff are dismissed.

3. One-fifth of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 56,00,000 won with 5% interest per annum from November 26, 2014 to the date of the instant judgment, and 15% interest per annum from the next day to the date of full payment.

1. Facts of recognition;

A. On June 4, 2012, the Plaintiff entered into a contract with C to lease multi-household D (hereinafter “multi-household D”) 201 as a broker of B, a licensed real estate agent, with a deposit of KRW 70 million, and from June 7, 2012 to June 6, 2014, the Plaintiff paid all deposit of KRW 70 million to C by June 7, 2012, and received the fixed date on June 4, 2012 after entering into the move-in report on the move-in report on June 4, 2012 and obtaining the fixed date on the 5th day of the same month.

B. The instant multi-household housing is a building consisting of 13 households, and the sum of the deposit amounts of the senior lessee was KRW 225 million, in addition to the establishment of the right to collateral security (the right to collateral security (the right to collateral security) at the time when the Plaintiff entered into the said lease agreement, in addition to the establishment of the right to collateral security (the right to collateral security (the right to collateral security).

C. B, at the time of mediating the above lease agreement, delivered to the Plaintiff the confirmation and explanatory note of the object of brokerage, and the matters of rights other than ownership included KRW 572,00,000 in the matters of right other than ownership, but the matters of rights related to the real relation of rights or the matters of rights not yet disclosed remain public.

D. As to the instant multi-family housing, the decision to commence the auction was made and the procedure was conducted. The sales proceeds of the instant multi-family housing were KRW 755,550,000, but the Plaintiff did not receive any distribution at all.

E. On the other hand, on July 12, 2011, the Defendant concluded a mutual aid agreement with the parties to a transaction to compensate for property damage within the limit of KRW 100 million in cases where B and licensed real estate agents intentionally or negligently inflict property damage on the parties to the transaction by intention or negligence in performing real estate brokerage, with the period of mutual aid from July 27, 201 to July 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including a separate number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Relevant legal principles

In mediating a lease contract for part of a multi-family house, a broker is obligated to provide a lessee with data on the relationship of rights of a multi-family house necessary to determine whether the lessee is able to receive a refund of the lease deposit properly after the lease contract is terminated. Thus, it shall not be limited to confirming and explaining the relationship of rights, etc. of the object of brokerage indicated on the real estate register. The lessee is obligated to request the lessee to provide the data on the lease deposit, the date and termination date, etc. of the lease contract, except for the part on personal information, which is already resided in the multi-family house and live in the lessee, and explain and present such data to the lessee. In addition, if the lessee fails to comply with a request for data on the date and termination date, etc. of the lease deposit, the object of brokerage in the form prescribed by the Enforcement Rule of the Licensed Real Estate Agents Act, the lessee is obliged to enter the details thereof in the “the right matters of the object of brokerage” in the form prescribed by the Enforcement Rule of the Licensed Real Estate Agent Act. Therefore, if the lessee intentionally or negligently caused property damage to the lessee (see Supreme Court Decision 2016.

B. Determination

In light of the following circumstances that can be acknowledged by comprehensively taking account of the evidence and the purport of the entire argument as mentioned above, i.e., B prepared and issued the "verification and explanation of the object of brokerage" at the time of entering into a lease contract, i.e., the "actual relation of rights or the right of the object that has not been publicly announced" in the confirmation and explanation of the object of brokerage ; ii) there is no evidence to require the lessor to lease contract for each household of the instant multi-household at the time of mediating the contract ; or there is no evidence to find that the lessor was given a lease contract at the time of arranging the contract ; iii) in particular, B was relatively well aware of the legal relationship relationship by obtaining comprehensive lease authority from the lessor in relation to the instant multi-household housing and mediating several proposals prior to entering into the contract, but did not give specific explanation or risk to the Plaintiff, as a licensed real estate agent, requested the lessor to provide the lessor with the details of the lease contract or the details of other lessee's right to the object of brokerage 'the object of brokerage 'the details and contents of the lease '.

Since then, in the auction procedure, the plaintiff suffered losses due to the reason that the other lessee's claim for the return of the lease deposit of this case residing in the multi-household in the auction procedure is in a position to be repaid with priority over the Plaintiff's claim for the return of the lease deposit, which shall be deemed as losses in proximate causal relation with the mistake B as seen earlier

Therefore, B is liable for compensating the Plaintiff for the damages incurred by the Plaintiff pursuant to Article 30(1) of the Licensed Real Estate Agent Act. Thus, the Defendant is liable for paying the mutual aid money to the Plaintiff within the scope of the amount deducted under the mutual aid agreement

3. Scope of liability for damages

A. Unless there are special circumstances, the defendant is liable to pay to the plaintiff KRW 70 million and damages for delay.

B. However, in light of the following circumstances acknowledged by the aforementioned evidence, the Plaintiff appears to have concluded a lease agreement with the knowledge that the pertinent building is a multi-household, and that prior collateral security was established, and that a lease agreement for another household among the pertinent buildings was concluded, and the Plaintiff also requested the broker and the lessor to explain the existence and amount of the lease deposit of another lessee or did not actively request data to verify the existence of the lease deposit and the amount thereof, etc., the amount of damages to be compensated by the Defendant is limited to 60% in consideration of the aforementioned circumstances.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 42,00,000 won (=70,000,000 won unpaid deposit x 60%) and to pay damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act from March 1, 2015 to April 14, 2016 after the lapse of 60 days from the date of delivery of a copy of the instant complaint (20%) and from March 1, 2015 to the date of full payment.

4. Conclusion

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-chul