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(영문) 대구지방법원 2020.05.13 2019가단134431
손해배상(기)
Text

1. The Defendants jointly share KRW 38,500,000 to the Plaintiff and Defendant B with respect thereto from August 28, 2019.

Reasons

1. Facts of recognition;

A. On February 2, 2017, the Plaintiff leased Nos. - (multi-household Housing) of the Daegu-gu D Ground Building (multi-household Housing) (hereinafter “instant housing”) as the broker of Defendant B, a licensed real estate agent.

Defendant B provided that the total rental deposit of the instant housing amounting to KRW 120 million and that KRW 65 million among them provided support from the Korea Land and Housing Corporation, and that the remainder of KRW 50 million would have to enter into a lease contract by the Plaintiff.

B. On February 2, 2017, the Plaintiff entered into a lease agreement with the Korea Land and Housing Corporation as lessee, Nonparty F (owner of this case), as lessor, and with respect to the housing of this case by moving the Plaintiff into a lease agreement with the Plaintiff: from February 27, 2017 to February 26, 2019; the lease deposit amount: 65 million won; the fixed date was set on February 27, 2017; 2 the Plaintiff was set as lessee; 35 million won for the housing of this case as lessor; and 45 million won for the lease deposit was set as lease agreement (hereinafter “instant lease agreement”); and thereafter, the fixed date was set on February 24, 2017.

The Plaintiff paid the instant rental contract brokerage fee to Defendant B, and paid the said fee as the fee for KRW 5 million for the key money for lease on a deposit basis, separate from the housing construction contract. The Plaintiff completed a move-in report on February 24, 2017 and occupied the instant house upon delivery. Ultimately, the lessee becomes the Korea Land and Housing Corporation and the Plaintiff, and the deposit was entered into two separate contracts with the Korea Land and Housing Corporation, and each lessee was paid the deposit to each lessor as prescribed by each contract. (c) The lease contract concluded between the Korea Land and Housing Corporation and the lessor was in accordance with Article 3(2) of the Housing Lease Protection Act.

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