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(영문) 의정부지방법원고양지원 2015.01.15 2014가단16886
손해배상(기)
Text

1. The Defendants: KRW 80,000,000 for each Plaintiff and 5% per annum from November 10, 2013 to June 25, 2014.

Reasons

1. The Defendants asserting that the Plaintiff’s assertion was: (a) in the process of mediating the Plaintiff to rent 202 units of the E-third multi-family house (hereinafter “the instant building”), the auction was executed immediately with respect to the instant building; and (b) inasmuch as the Plaintiff was aware of the fact that the Plaintiff could not recover the lease deposit due to prior collateral security and senior lessee who received the fixed date, he/she was aware of the fact that the Plaintiff could not recover the lease deposit; and (c) did not conceal the Plaintiff as if he/she was aware of such fact; or (d) did not properly verify the lease deposit of senior lessee; and (e) violated the duty of confirmation and explanation as to the legal relationship of the instant building, thereby allowing the Plaintiff to pay the lease deposit amount of KRW 80 million to the lessor F;

2. Determination

A. In mediating a lease contract for part of a multi-family house, the broker shall provide the lessee with the data on the relationship of rights of the multi-family house, etc. necessary to determine whether the lessee can receive the refund of the deposit properly after the lease contract is terminated. Thus, it shall not be limited to confirming and explaining the relationship of rights of the object of brokerage indicated on the real estate register. The lessee shall not request the lessee to provide the data on the lease deposit, lease time and termination date, etc. except for the portion regarding personal information among the lease agreements of other lessees who already live in the multi-family house and live in the lessee, and shall explain and present the data to the lessee. The content of the “the right of the object of brokerage” is “the matters concerning the right of the object of brokerage, which is not publicly notified.”

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