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(영문) 서울중앙지방법원 2016.01.22 2015가단37748
손해배상 등
Text

1. The Defendants jointly share KRW 12,00,000 with respect to the Plaintiff and Defendant B and C with respect thereto from December 13, 2013, and Defendant.

Reasons

1. Facts of recognition;

A. Defendant B and C are licensed real estate agents.

The defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") is a mutual aid business entity that has entered into a mutual aid agreement with Defendant B with the terms and conditions of compensating for losses to the parties to a transaction where the losses to the transaction occur due to the intention or negligence of a licensed real estate agent on May 6, 2011 through May 5, 201.

B. On August 22, 2011, the Plaintiff entered into a lease agreement with respect to multi-family houses with respect to the second floor 205 units among the buildings listed in the separate sheet owned by Defendant B and C (hereinafter “multi-family houses in this case”) as joint brokerage between Defendant B and C, and concluded a lease agreement with the term from September 17, 201 to September 17, 201, as to the lease deposit amount of KRW 50 million, and the term of lease.

(hereinafter referred to as the instant lease agreement). The Plaintiff paid 50 million won deposit to D.

C. On February 26, 2013, the procedure for compulsory auction (F) was initiated on the instant multi-family house and its site upon the application of the auction and dividend lessee E.

The instant building and site were knocked at KRW 113,289,000,000 on October 1, 2013.

The Plaintiff obtained a fixed date on August 23, 201, but was paid KRW 20 million out of the deposit for lease on December 12, 2013, due to the small-sum lessee, the mortgagee of the right to collateral security, and the lessee of the senior fixed date on the date of distribution in the above auction procedure on December 12, 2013.

[Grounds for recognition] The items of evidence Nos. 1 through 5 and the purport of the whole pleadings

2. The parties' assertion

A. Defendant B and C did not verify and explain the lease status while jointly mediating the instant lease agreement.

The Plaintiff, who is a professional qualification, entered into a lease agreement after hearing only the explanation of the said Defendants.

Although the auction was commenced on the multi-family house in this case, the plaintiff failed to recover KRW 30 million out of the lease deposit due to senior lessee.

Therefore, it is true.

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