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(영문) 서울중앙지방법원 2016.04.14 2014가단258678
공제금
Text

1. The Defendant’s KRW 42,00,000 as well as 5% per annum from March 1, 2015 to April 14, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 4, 2012, the Plaintiff entered into a contract with C to lease multi-household D (hereinafter “multi-household D”) 201 as a broker of B, a licensed real estate agent, by setting the deposit amount of KRW 70 million from June 7, 2012 to June 6, 2014, the Plaintiff paid KRW 70 million to C by June 7, 2012, and made a move-in report on June 4, 2012, and made a move-in report on the same month.

5. Obtaining the fixed date.

B. The instant multi-household housing is a building consisting of 13 households, and the sum of the deposit amounts of the senior lessee was KRW 225 million, in addition to the establishment of the right to collateral security (the right to collateral security (the right to collateral security) at the time when the Plaintiff entered into the said lease agreement, in addition to the establishment of the right to collateral security (the right to collateral security).

C. B, at the time of mediating the above lease agreement, delivered a description verifying the object of brokerage to the Plaintiff, and the subject matters of rights other than ownership were written in KRW 572,00,000, but the actual relation of rights or the matters of rights other than the publication were left in blank.

As to the instant multi-household housing, the decision to commence the auction was made and the procedure was in progress. The sales proceeds of the instant multi-household housing were KRW 755,550,000, but the Plaintiff did not receive any distribution at all.

E. On the other hand, on July 12, 2011, the Defendant concluded a mutual aid agreement with the parties to a transaction to compensate for property damage within the limit of KRW 100 million in cases where B and licensed real estate agents intentionally or negligently inflict property damage on the parties to the transaction by intention or negligence in performing real estate brokerage, with the period of mutual aid from July 27, 201 to July 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including a separate number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The relevant legal broker is to lease a part of multi-family house.

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