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(영문) 의정부지방법원 2017.07.05 2016가단129653
손해배상(기)
Text

1. The Defendants jointly share KRW 50,000,000 to the Plaintiff and Defendant B with respect thereto from January 5, 2017.

Reasons

1. When mediating a lease contract for part of a multi-family house, the company obligated to take care of the broker shall provide the lessee with data on the relationship of rights of the multi-family house necessary to determine whether the lessee can receive the refund of the lease deposit properly after the lease contract is terminated. Thus, it shall not be limited to confirming and explaining the relationship of rights, etc. of the object of brokerage indicated on the real estate register. If the lessee fails to comply with a request for data concerning the lease deposit, lease date and termination date, etc. of other lessee who already resides in the multi-family house, the lessee shall be requested to verify the data on the details of the lease contract, excluding personal information, and explain and present the data to the lessee. The agent shall provide the document explaining the details to the lessee. In addition, the agent shall have the obligation to provide the document in the description of the object of brokerage in the form prescribed in Article 16 of the Enforcement Rule of the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions.

Therefore, when a broker causes damage to the property of a lessee by intention or negligence in violation of such duty, the broker shall be liable to compensate for such damage pursuant to Article 30 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act.

(See Supreme Court Decision 201Da63857 Decided January 26, 2012). 2. Recognition

A. On March 5, 2013, the Plaintiff entered into a lease agreement with C, a brokerage assistant employed by Defendant B, is deemed as the leased portion of the case, namely, D and Macheon-si E and F ground No. 202 of multi-family house No. 202, supra.

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