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(영문) 청주지방법원 2017.04.07 2015가단113309
손해배상(기) 등
Text

1. The Defendants jointly share KRW 14,283,672 to the Plaintiff and Defendant B, D, F and the Korean Licensed Real Estate Agent Association.

Reasons

1. Basic facts

A. On June 27, 2013, the registration of ownership transfer was completed in the name of Defendant B with respect to the building listed in the separate sheet (hereinafter “instant house”), and on December 12, 2014, the registration of ownership transfer was completed in the name of Defendant F on November 21, 2014.

B. On December 5, 2014, the Plaintiff entered into a lease agreement with Defendant C, setting the lease deposit amount of KRW 100 million and the lease term from December 30, 2014 to December 29, 2016 (hereinafter “the first lease agreement”).

C. On December 17, 2014, the Plaintiff entered into a lease agreement with Defendant F and the instant leased premises as a broker of Defendant D, setting the lease deposit amount of KRW 100 million and the lease term from December 29, 2014 to December 29, 2016 (hereinafter “the instant secondary lease agreement”).

The Plaintiff paid KRW 10 million to Defendant B on the date of the instant first lease agreement, and KRW 90 million to Defendant F on December 29, 2014.

E. On November 11, 2015, on the instant housing, the entry registration following the decision to voluntarily commence the auction was completed on November 11, 2015, Cheongju District Court G on November 11, 2015.

(F) On July 28, 2016, the Plaintiff received dividends of KRW 85,716,328 as the fixed date lessee on the date of distribution of the instant auction procedure.

G. Defendant C and D are licensed real estate agents, Defendant E is the broker assistant of Defendant D, and Defendant Korea Licensed Real Estate Agent Association is the mutual-aid agent who takes over the liability for damages incurred when a licensed real estate agent intentionally or negligently causes property damage to a transaction party in the course of acting as a broker with Defendant D.

H. Defendant E prepared a false senior lease list concerning the instant housing in collusion with Defendant F at the time of the first lease of the instant case, and then, Defendant E prepared the first lease list.

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