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1. The Defendants jointly share KRW 30,000,000 with respect to the Plaintiffs, and the period from August 13, 2018 to November 5, 2019.
Reasons
1. Basic facts
A. Defendant C, as a practicing licensed real estate agent, employed G as a brokerage assistant while operating the Seo-gu Incheon E Licensed Real Estate Agent (hereinafter “instant office”).
B. On February 17, 2017, the Plaintiffs concluded a lease agreement with H on the lease deposit amounting to KRW 60,000,000, and the lease term period from March 4, 2017 to March 3, 2019, with respect to the Seo-gu Incheon International canal Syws J (hereinafter “instant real property”).
(hereinafter “instant lease agreement”). At the time, the practicing licensed real estate agent column of the lease agreement (No. 1-1) prepared and output in accordance with the prescribed form using a computer is indicated as “F Licensed Real Estate Agent Office Representative C” and the name of Defendant C is stamped.
In addition to the preparation of the above contract, the letter of confirmation on the object of brokerage affixed with the above seal was prepared and printed on a computer in accordance with the prescribed form and delivered to the plaintiffs, and the mediation fee was stated in KRW 308,000.
C. The Plaintiffs deposited KRW 6,00,000,000, out of the lease deposit, into the H’s account on the same day, deposited KRW 54,00,000 in the H’s account on March 4, 2017, and deposited KRW 300,000 in the agricultural cooperative account in the name of the brokerage assistant G.
E. Meanwhile, as a trust contract was concluded between H and K (hereinafter “K”) with respect to the instant real estate, the registration of ownership transfer was completed on March 29, 2016 on the same day as before the conclusion of the instant lease contract, and the registration of ownership transfer was completed on March 29, 2016. At the time of the conclusion of the instant lease contract, the register of the real estate that the Plaintiffs received was not included in the original trust register.
The main contents of the above trust contract are as follows.
Article 9 (Preservation, Management, etc. of Trusted Real Estate) (2) Where a truster has no prior consent from the trustee, the truster shall do so.