Text
1. The Defendants jointly share KRW 17,872,539 against the Plaintiff and Defendant Seoul Guarantee Insurance Co., Ltd. on January 2015.
Reasons
1. Basic facts
A. On April 24, 2013, the Plaintiff entered into a lease agreement, as the broker of Defendant C, a licensed real estate agent,: F of Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”)’s co-owner F; G from the instant building, KRW 805,00,000,000 for lease deposit; and from April 27, 2013 to April 26, 2015, the lease deposit was paid; and thereafter, the Plaintiff completed the move-in report on April 30, 2013 and received the fixed date.
B. Defendant C, who operates the H Licensed Real Estate Agent Office (hereinafter “Defendant Company”), concluded a guarantee insurance contract with the content that guarantees liability for damages when Defendant C, while acting as a broker pursuant to the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Licensed Real Estate Agents Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agent Act”), intentionally or negligently, causes property damage to the transaction party (hereinafter “third insurance contract”).
C. The current status of the instant building (1) obtained permission for the instant building as the Class II neighborhood living facilities, but it became a residential multi-family house of 53 households, following the alteration of use without permission, and at the time when the Plaintiff concluded a lease contract, the registration of creation of a senior mortgage over the instant building, which is 1.69 billion won with the maximum debt amount, was completed.
(2) While Defendant C, while acting as a broker for a lease agreement, had confirmed the real estate registration register of the instant building to the Plaintiff, it did not properly explain the details of lease agreements, such as the deposit or fixed date of other tenants already residing therein, and only stated only the collateral security of the National Bank, which is the maximum debt amount of KRW 1.69 billion, in the column for legal relationship of the description verifying the object of brokerage, as well as the lease relationship.