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(영문) 서울중앙지방법원 2016.08.30 2015가단212174
손해배상 등
Text

1. The Defendants jointly share KRW 16,800,000 with respect to the Plaintiff and 5% per annum from April 30, 2016 to August 30, 2016.

Reasons

1. Facts of recognition;

A. Defendant B is a real estate certified broker, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B and Defendant B, which stipulates that, in the event that Defendant B and Defendant B are liable to compensate for damage to the brokerage client by intentionally or negligently doing real estate brokerage from July 20, 201 to July 19, 2012, the mutual aid agreement with Defendant Association to compensate for the damage within the limit of KRW 100 million, which is the amount of the mutual aid agreement.

B. On January 11, 2012, the Plaintiff entered into a lease agreement with D on the said multi-family house 404 located in Seo-gu, Daejeon (hereinafter “instant multi-family house”) as a broker by Defendant B, and paid KRW 45 million as lease deposit on February 7, 2012, and received the said house. The move-in report was dated January 10, 2012, and the fixed date was received as of January 11, 2012, the said contract date.

C. At the time of the above brokerage, the right to collateral security and the right to collateral security in the name of the Union in the name of the Seo-gu Daejeon Credit Union with the maximum debt amount of KRW 325 million was established respectively. However, the “Slud lease contract,” which is made between the Plaintiff and D, does not contain any indication as to the right to collateral security and the right to collateral security, etc., and the “matters requiring data on the state of the object” in the description of confirmation of the object drawn up by Defendant B is public disturbance. The “matters requiring data on the status of the object” in the description of confirmation of the object drawn up by Defendant B is the column for the “matters regarding rights other than ownership” in the description is written in the column for land column for “1,25,000,000 won, the maximum debt amount of collateral security and the right to collateral security amount of KRW 130,000,000,000 in the form of the building column, respectively.

After the plaintiff's application on August 1, 2014, the procedure for compulsory auction for the multi-family house in this case and its site was initiated, and March 30, 2015.

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