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(영문) 서울중앙지방법원 2017.03.31 2015가단5316453
손해배상(기)
Text

1. The Defendants jointly share KRW 24,000,000 with respect to the Plaintiff and Defendant B with respect thereto from October 6, 2015.

Reasons

1. Basic facts

A. On February 28, 2013, the Plaintiff entered into a lease agreement with Defendant B, a licensed real estate agent who operates the “C Licensed Real Estate Agent Office” and obtained a fixed date on March 25, 2013, with respect to the five-story 506 square meters of the five-story 506 square meters among the Suwon-si District Office F, Class II neighborhood living facilities and detached houses jointly owned by him/her, G ground-based buildings, and Class VII neighborhood living facilities and detached houses (hereinafter “instant housing”; the entire building is referred to as “instant building”). After paying the deposit and receiving the delivery of the deposit, the Plaintiff obtained a fixed date from the lease agreement on March 25, 2013.

B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement between Defendant B and Defendant B on April 29, 2012 to April 28, 2013, with the content that, in the event that Defendant B’s act of real estate brokerage between April 29, 2012 and April 28, 2013, caused property damage to the transaction party by intention or negligence, the transaction party is liable for damage under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agent Act”).

C. The instant building was registered in the building ledger as a non-compliant building due to an illegal structural alteration (the above contents are stated in the confirmation description of the object of brokerage delivered by Defendant B to the Plaintiff), and the entire 41 household was leased for residential purpose.

On January 29, 2015, a compulsory auction for E shares (1/2) among the instant building and the instant site (hereinafter “instant building, etc.”) was commenced upon the application of one of the lessees (U.S. District Court I). Since then, a voluntary auction for all the instant building, etc. was commenced on June 15, 2015 (U.S. District Court J), and the said compulsory auction case was combined with the instant compulsory auction procedure.

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