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(영문) 서울중앙지방법원 2017.02.16 2015가단152197
손해배상 등
Text

1. Defendant C and the Korea Licensed Real Estate Agent Association shall jointly cooperate with Plaintiff A, with KRW 17.2 million, and Defendant D, respectively.

Reasons

1. Basic facts

A. On November 30, 2010, the first and second underground floors of the building of Gangseo-gu Seoul Metropolitan Government F5th (hereinafter “instant building”) owned by E were multi-households with a total of 30 households with the second-class neighborhood living facilities (offices, restaurants, sales stores), the second and third floors on the ground, and the fourth and fifth floors on the ground, each of 8 households with a total of 30 households. On the instant building and site, on November 30, 2010, the National Bank of Korea, the maximum debt amount of 1.3 billion won, the debtor E, respectively.

B. On April 2, 2011, Plaintiff A entered into a lease agreement with Defendant C to lease KRW 68 million with respect to subparagraph 401 of the instant building between Defendant C as a broker, and between the date of delivery of the lease term (from May 31, 201 to May 31, 201) to May 31, 2013. Plaintiff A received the move-in report and the fixed date on April 21, 201 after all payment of the business lease deposit.

C. On March 20, 2013, Plaintiff B entered into a lease agreement between Defendant D’s broker to lease 505 of the instant building by setting the lease deposit amounting to KRW 60 million from the delivery date (til April 1, 2013) to April 1, 2015. Plaintiff B entered into a lease agreement between Defendant D and E on March 20, 2013, to lease the instant building by setting the lease deposit amount from April 1, 2015. Plaintiff B entered into a lease agreement with the lease deposit and entered into a move-in report on April 4, 2013 and obtained a fixed date on March 29, 2013.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) established for the purpose of the mutual aid program, etc. of licensed real estate agents, and entered into a mutual aid agreement with Defendant C and D, a licensed real estate agent, with the content that the Defendants would compensate for the damages within the limit of the amount of their subscription (each KRW 100 million) in the event that the Defendants are liable for damages under the Licensed Real Estate Agent Act by intention or negligence to cause property damage to the transaction parties in mediating real estate transactions during the mutual aid period.

E. Defendant C and D are the Plaintiffs and E.

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