logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.08.29 2017가단93808
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B is a licensed real estate agent who operates a licensed real estate agent’s office under the trade name of D Licensed Real Estate Agent Office in Gyeyang-gu, Busan Metropolitan City. The Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which entered into a mutual aid agreement with Defendant B.

B. On May 17, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the E, setting the lease deposit amount of KRW 170 million and the lease term of KRW 24 months from July 22, 2016, with respect to the amount of KRW 103,301, Dong-dong, Yongsan-gu, Seoul (hereinafter “instant real estate”).

C. On May 9, 2016, E entered into a sales contract for the instant real estate with G, a project owner, but thereafter, the sales contract was cancelled due to nonperformance of E, and G completed the registration of ownership preservation on the instant real estate on July 11, 2016 and completed the registration of ownership transfer to H on December 30, 2016.

On July 22, 2016, the Plaintiff was required to deliver the instant real estate to E by implementing a loan of deposit for lease on a deposit basis at the Bank, and transferred KRW 128 million to E, and from August 2016, the Plaintiff was transferred the instant real estate to a police officer, who was the owner of the instant real estate, during the period when the Plaintiff resided in the instant real estate from around August 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. At the time of entering into the instant lease agreement by the parties, the duty to verify whether the lessor E had the right to lease the instant real estate to the seller at the time of entering into the instant lease agreement, etc., and to verify whether the lessor had the right to lease the instant real estate, Defendant B, a licensed real estate agent, suffered losses not to be refunded to the Plaintiff due to negligence in failing to perform the said duty.

In addition, the defendant Association shall be the insured as the mutual aid business for the defendant B.

arrow