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(영문) 인천지방법원 2020.01.17 2019가단200293
손해배상(기)
Text

1. Defendant B and C jointly share KRW 55,200,000 with respect thereto to the Plaintiff, as well as the year from September 12, 2019 to January 17, 2020.

Reasons

1. Facts of recognition;

A. On April 4, 2014, Defendant B, with respect to the ownership of real estate, completed the registration of ownership transfer to G Co., Ltd. (hereinafter “Nonindicted Company”) due to the same trust agreement on the second floor F of Bupyeong-gu, Incheon, Bupyeong-gu E apartment (hereinafter “instant building”).

B. (1) On February 25, 2017, the Plaintiff entered into a lease agreement with the following terms: (a) the lease deposit amount of KRW 60,000,000 for the instant building; (b) monthly rent of KRW 300,000; and (c) the lease term of KRW 12 months from March 12, 2017 to March 11, 2018 (hereinafter “instant lease agreement”).

(2) The term “leased” of the instant lease agreement refers to the following: (a) the term “Lessor” refers to the name of the Defendant B, and the seal of the Defendant B is affixed thereto; and (b) the name of the Defendant C is written in the “Lessor’s agent” column, and the seal of the Defendant C is affixed thereto.

3) The terms and conditions of the instant lease agreement are indicated as follows: [Matters entered into a special agreement] - The owner of the instant lease agreement is registered as a trust, and the contract is made after the owner’s confirmation of the current facilities and the registration certificate is confirmed, H - The agent contract and all management rents, etc. on real estate - the owner of the deposit deposit - the owner of the deposit 60 million won shall be responsible for Defendant B and the mandator at the expiration of the contract - the owner of the deposit 60 million won. 4) On February 27, 2017, the Plaintiff paid 6,000,000 won out of the deposit money of the instant lease to Defendant C through Nonparty I, and transferred 54,000,000 won remaining on March 13, 2017 to the JA deposit account in the name of Defendant C.

C. On the other hand, under a real estate mutual aid agreement, Defendant D Association (hereinafter “Defendant Association”) shall compensate for the said damage within the limit of KRW 100 million with Defendant C on August 29, 2016, where a mutual aid holder, who is a real estate broker, intentionally or negligently, causes property damage to a transaction party while performing real estate brokerage.

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