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(영문) 창원지방법원 통영지원 2018.06.21 2017가단26972
손해배상(기)
Text

1. The Defendants jointly share KRW 70,000,000 to the Plaintiff and Defendant B with respect thereto from March 2, 2018.

Reasons

Basic Facts

On February 25, 2015, the Plaintiff leased (hereinafter “instant house”) No. 502 (hereinafter “instant house”) among the eight-story multi-family housing on the ground of C-A ground (hereinafter “instant multi-family housing”) with the brokerage of Defendant B, during the lease period from March 4, 2015 to March 3, 2017 (hereinafter “instant lease agreement”), the Plaintiff paid the said lease deposit to C-Ams during the period from March 5, 2015, and completed the registration of the establishment of chonsegwon on March 5, 2015.

On August 29, 2014, Defendant B entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to guarantee the Defendant Association’s property liability to the parties to a transaction in connection with Defendant B’s brokerage activities by setting the deductible amount of KRW 100,000,000, and the period of mutual aid from August 29, 2014 to August 28, 2015 (hereinafter “instant mutual aid agreement”).

On February 21, 2013, D Forest Industry Development Co., Ltd. completed the registration of ownership transfer with respect to Cand C, 948.8 square meters (hereinafter “instant land”), which is the site of the instant housing, and was rendered a favorable judgment on the ground that no legal superficies is established against the owner of the instant multi-family housing, by filing a lawsuit against the owner of the instant multi-family housing seeking the removal of the building and the transfer of the instant land (see, e.g., Supreme Court Decisions 2013Da3360, Nov. 6, 2015; 2015Na1452, May 2, 2017); and the Plaintiff et al. filed a lawsuit against the lessee or the mortgagee, and received a favorable judgment.

(The Plaintiff did not file an appeal on June 8, 2017). The Plaintiff did not file an appeal on the ground of recognition. The Plaintiff did not file an appeal on the ground of recognition, and the Plaintiff did not have any dispute, and the Plaintiff’s written evidence Nos. 1 through 7, and the purport of judgment on the entire pleadings arises.

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