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(영문) 서울북부지방법원 2015.06.24 2014가합2963
손해배상등
Text

1. The Plaintiff:

A. Defendant B shall be KRW 125,00,000 and 20% per annum from August 29, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the lessee of the Gangnam-gu Seoul Northern apartment No. 207 Dong 703 (hereinafter “instant apartment”) and the Defendant B entered into a lease contract on behalf of the Plaintiff F (former G) at the time of the lease of the said apartment.

Defendant D is a licensed real estate agent who has mediated the above lease contract, and Defendant C is an intermediary assistant who has performed the above brokerage act with Defendant D, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant D on April 15, 2010 with Defendant D during the mutual aid period from April 15, 2010 to April 14, 201.

B. On November 4, 2010, the Plaintiff leased the instant apartment from Defendant B, who represented the lessor F by the broker of Defendant D and Defendant C, with the term of KRW 165 million from December 15, 2010 to December 14, 2012 (hereinafter “instant lease contract”); the deposit amount of KRW 16 million on the same day as the national bank account in the name of the Defendant C; and the remainder of KRW 149 million on November 30, 2010, respectively, paid the deposit for the lease on November 30, 2010. The said apartment was handed over on November 30, 2010.

C. However, the above apartment was newly constructed as a redevelopment project, and there was only the register of the existing land at the time of entering into the lease contract of this case and the registration of preservation of ownership of the apartment of this case was not completed. At the time of the lease contract of this case, the registration of provisional seizure (the claim amounting to KRW 40 million, the creditor JJ, and the “provisional seizure”) on September 30, 2010 and the registration of establishment of mortgage (the maximum claim amounting to KRW 140 million, the mortgagee Samsung C&T Co., Ltd.; hereinafter the “mortgage of this case”) on March 29, 207 were completed, respectively.

Defendant D and Defendant C on August 30, 2010, with respect to the instant apartment on behalf of Defendant B and Defendant C, the seat of Defendant C.

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