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(영문) 서울고등법원 2017.05.10 2016나2061106
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. The basic facts and

2. The gist of the parties’ assertion is as follows: (a) the reasoning of the judgment of the first instance is as stated in Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

In the judgment of the court of first instance, "Lease 12" was "Lease 12," "No. 3 was "No. 46238 on October 18, 2012," "No. 3 was "No. 106," "No. 166 on October 18, 2012," and "No. 180,000,000 won of the plaintiff's credit out of the above collateral security claims under "No. 22479 on May 12, 2014," and "No. 414, 201," "No. 414, 201," as "No. 180,000,000 won of the plaintiff's credit out of the above collateral security claims under "No. 180,000,000 won of the credit security claims to be returned" as "No. 12, 2014".

No. 2, 15-16 of the former Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (amended by Act No. 12374, Jan. 28, 2014; hereinafter “Licensed Real Estate Agents Act”) are added to “The Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions”, and Article 10-11 of the 5th 5th 10-11 of the Business Affairs of Licensed Real Estate Agents Act is added to “Licensed Real Estate Agents Act.”

3. Determination as to claims against Defendant B and C

A. The real estate broker and the client’s legal relationship are similar to the delegation relationship under the Civil Act. Therefore, the broker who received a brokerage request is obliged to investigate and confirm the legal relationship, etc. of the object of brokerage with the care of a good manager and explain it to the client.

(See Supreme Court Decision 2012Da74342 Decided January 29, 2015, and Supreme Court Decision 2007Da44156 Decided November 15, 2007, etc.). In full view of the respective descriptions of evidence and the overall purport of oral pleadings, F is the air conditioners, etc. that meet the requirements for the installation of options in the leased object.

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