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(영문) 창원지방법원통영지원 2017.05.18 2016가단24719
손해배상(기)
Text

1. The plaintiff

A. Defendant C, D, and E jointly shall be the scope of the property inherited from Defendant D and E from the network F.

Reasons

Basic Facts

A. The Plaintiff is the lessee of the first floor (hereinafter “instant Housing No. 101”) among the multi-family houses of G large G large 613 square meters and the first floor (hereinafter “instant Housing No. 101”) of the multi-family houses of the first floor at the time when he was a deceased F (Death on May 24, 2014), and the Defendant B is a licensed real estate agent, and Defendant C, D, and E is the husband or child of the deceased, and is the deceased’s heir.

B. On September 16, 2013, the Plaintiff and the Deceased stated that the Plaintiff was acting as a broker by Defendant B or his brokerage assistant, and that Defendant B was acting as a broker. However, Defendant B stated that he was acting as a broker.

(3) The business action of a brokerage assistant is regarded as the action of the broker who employs the assistant, and there is no difference in its effect, so the basic facts shall be arranged as above.

As to the instant housing 101, a lease agreement was concluded between October 1, 2013 and September 30, 2015 regarding the instant housing 101.

(hereinafter “instant lease agreement”). The agreement on the instant lease is indicated as KRW 46 million in lease deposit and monthly rent of KRW 340,000 in terms of the contract.

C. The Plaintiff paid to the Deceased KRW 1 million on September 16, 2013, KRW 40 million on September 25, 2013, KRW 50 million on September 25, 2013, and KRW 46 million on October 16, 2013 as lease deposit.

After January 29, 2014, additional KRW 4 million was remitted to the Deceased as a deposit for lease, and the monthly rent was reduced to KRW 300,000 from that time.

On April 29, 2015, the instant housing and its site were commenced on the application of the senior mortgagee, and the voluntary auction procedure was initiated on April 29, 2015 to the Changwon District Court through the Changwon District Court 1,00,000 won out of the proceeds of sale 521,848,584 won on August 3, 2016, and KRW 14,000,000 to the small lessee J, and KRW 3,440,930,000 to the Mayor of the pertinent tax delivery authority, and KRW 390,000,000 to the property management company, the remaining KRW 90,331,342 of the fixed date lessee of K on the third floor of the instant housing was distributed as part of KRW 95,00,000.

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