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(영문) 서울중앙지방법원 2020.07.15 2019가단5264840
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 112,582,665 and the interest rate of KRW 12% per annum from October 2, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established with real estate brokers as its members. The Plaintiff is a juristic person operating a mutual-aid business in accordance with the terms and conditions of mutual-aid as stated in the certificate of mutual-aid and the liability for damages suffered by a transaction party by a real estate agent in the course of acting as a broker and reporting of real estate transactions. 2) C is a licensed real estate agent conducting real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in ASEAN-si, ASEAN-si, and F is a person who trusts Gtel (hereinafter “instant real estate”) in H (hereinafter “H”), and the Defendant is a person who worked as a broker assistant with F Licensed Real Estate Agent’s husband’s husband’s J office subject to F’s punishment at the J office, and K is a person who was provided by C with the E Licensed Real Estate Agent Office as a de facto agent’s agent’s agent’s agent’s agent.

B. On June 20, 2007, the Plaintiff entered into a mutual aid agreement with C around June 20, 2007, the period of mutual aid from June 21, 2007 to June 20, 2008, with the limit of compensation as KRW 100 million, and has continued to renew each year’s subscription period.

C. Around 2014, the Defendant and K et al. concluded each lease agreement by acting as an intermediary with tenants, such as L, M, N, andO (hereinafter “Lessees”). In the process, the lessee did not explain the fact that the instant building was registered as a trust in H in the future, and the legal validity of the above trust registration.

The tenant of this case, who filed a lawsuit by the tenant and paid mutual aid money by the plaintiff, could not receive the deposit due to the above ownership relationship of the leased object even after the lease was terminated, against the plaintiff, etc.

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