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(영문) 대전지방법원 2016.03.09 2015가단21292
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. On November 16, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C as to D Apartment 111, Dong 804 (hereinafter “instant apartment”) in Jung-gu, Daejeon, Daejeon, with the lease deposit amount of KRW 90 million, the lease term of KRW 10 million, and the lease term from December 20, 2012 to December 19, 2014, and paid the lease deposit to C in full.

B. Defendant B mediated the instant lease agreement as a licensed real estate agent.

C. In the column of special agreement at the bottom of the instant lease agreement, the following is indicated: “Leaser is obligated to pay KRW 153 million to the principal of the relevant apartment loan.” On December 17, 2012, the ground for registration regarding the instant apartment was the contract concluded on December 14, 2012, the maximum debt amount was KRW 168,300,000,000,000,000 won, and the mortgagee was the registration of establishment near the bank, a stock company.

After the formation of the instant lease agreement, on August 23, 2013, the registration of seizure was made on August 23, 2013 by the Namcheon Tax Office, and on September 6, 2013, the registration of seizure was made on September 6, 2013.

E. On January 28, 2014, when the Plaintiff had resided in the leased object by paying a security deposit pursuant to the instant lease agreement, the auction procedure regarding the instant apartment was commenced in this court E upon the application of the Credit Guarantee Fund. The instant apartment was sold in KRW 228 million, and the Plaintiff failed to refund the security deposit.

F. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that entered into a mutual aid agreement with Defendant B with the content that compensates the parties to the transaction for the damage incurred by Defendant B’s intentional negligence in connection with the act of real estate brokerage within a certain limit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion is that the lessor was delinquent in taxes or the Plaintiff while mediating the instant lease agreement.

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