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(영문) 의정부지방법원고양지원 2015.02.13 2013가합8700
손해배상(기) 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B borrowed the name of licensed real estate agent from Defendant D to operate real estate brokerage business under the trade name of “F”, and Defendant C assisted the business of Defendant B at the above licensed real estate agent office.

B. On November 24, 2009, Nonparty G entered into a lease agreement with the Korea Land and Housing Corporation (hereinafter “instant apartment”) with respect to the lease deposit of KRW 70,000,000, monthly rent of KRW 405,00, monthly rent of KRW 400, and the scheduled date of occupancy of KRW 405,00 with respect to the lease deposit of KRW 307,202, which is a rental housing under the Rental Housing Act (hereinafter “instant apartment”).

C. In March 2013, the Plaintiff entered into a contract to acquire the instant right of lease in KRW 103,00,000 (hereinafter “instant transfer contract”) with the attendance of G around March 2013, and paid the said KRW 103,00,000 to the financial account in the name of Defendant C, and thereafter occupied the instant apartment.

On the other hand, on January 23, 2013, Nonparty I received the entire claim for the refund of the lease deposit of this case against the Korea Land and Housing Corporation as an assignment order for claims seizure and assignment order with the Goyang-gu District Court 2013TTT 782.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. The Plaintiff’s assertion (1) Defendant B and C, as a licensed real estate agent, neglected the duty to confirm and explain the object of brokerage as prescribed by the law, and acted as a real estate agent.

Defendant B and C are liable to compensate the Plaintiff for damages arising from the aforementioned tort.

(2) On March 11, 2013, Defendant C prepared a letter to the Plaintiff that he/she shall be liable for KRW 103,000,000 for the purchase price of the instant apartment lease. However, Defendant C is obligated to pay the agreed amount KRW 103,00,000 in accordance with the said letter.

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