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(영문) 전주지방법원 2017.08.30 2016가단11808
손해배상(기)
Text

1. The Plaintiff:

A. Defendants B and C shall be jointly and severally 69,001,346 won, and Defendant B shall be from May 18, 2017 to Defendant B.

Reasons

1. Facts of recognition;

A. On September 3, 2015, the Plaintiff: (a) purchased a deposit of KRW 401,00,000,000,000 from Defendant C, who was acting for Defendant B, during the period from October 1, 2015, to October 1, 2017, out of the Seoul Special Metropolitan City F (hereinafter “instant multi-family house”); (b) the deposit of KRW 135,00,000,000; and (c) the lease from Defendant C.

(hereinafter “instant lease agreement”). In addition, the Plaintiff paid to Defendant C a deposit of KRW 135 million under the instant lease agreement, and received the said KRW 401,00,000, and the Plaintiff completed the move-in report and received the fixed date on October 5, 2015.

Meanwhile, the instant lease agreement was concluded between Defendant D and the practicing licensed real estate agent operating the G Licensed Real Estate Agent Office who is running the G Licensed Real Estate Agent Office by mediating the Plaintiff’s side, and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant E on April 27, 2015 with the deduction amount of KRW 100 million, and the deduction period from April 29, 2015 to April 28, 2016.

B. At the time of the conclusion of the instant lease agreement, the Plaintiff requested to establish a right to lease on a deposit basis in the instant multi-family house, but the Defendant C concluded a monthly rent contract with other lessees of the instant multi-family house, and said that the deposit can be recovered if only the fixed date is obtained.

In addition, Defendant D and E, while mediating the conclusion of the instant lease agreement, provided only the certificate of registration as evidence to verify and explain only the certificate of registration. Of the description of confirmation of the object of brokerage, “rights other than ownership”, only the right to lease on a deposit basis, which caused 300 million won of the maximum debt amount, and only the first right to lease on a deposit basis, which caused 100 million won of the deposit for the entire fourth floor, and only the term “the right to the object which is not publicly notified of the actual right,” as prior lease deposit, stated only the amount of KRW 170 million including

C. However, regarding 101 of the instant multi-family house, the deposit amount of KRW 20 million on January 28, 2014, is KRW 20 million.

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