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(영문) 대전지방법원 2020.11.18 2019가단105778
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 10.5 million and each year from June 18, 2019 to November 18, 2020.

Reasons

1. Facts of recognition;

A. On May 29, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the broker of Defendant B, a licensed real estate agent, with respect to the E-family house (hereinafter “instant real estate”) F, with a deposit of KRW 70 million, and the deposit of KRW 70 million from June 6, 2013 to June 5, 2015, and paid KRW 70 million to D.

B. At the time of the conclusion of a lease agreement with regard to the instant real estate, senior collateral security (a maximum amount of KRW 195 million, a collateral security G-based association) was established, and around October 2016, the Daejeon District Court’s H compulsory auction procedure for real estate was underway, and the Plaintiff did not receive the total amount of KRW 70 million, which was subordinate to the date of distribution on March 29, 2018.

C. Defendant B entered into a mutual aid agreement with Defendant C Association (hereinafter “Defendant Association”) by setting the deductible amount of KRW 100 million in relation to real estate brokerage and the period of mutual aid from April 3, 2013 to April 2, 2014.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 and 5-2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B entered into the instant lease agreement by introducing that: (a) the lessor owned a large number of real estate at a building project; (b) the real estate price of the instant real estate exceeds KRW 500 million due to the new building; and (c) the lessee having priority over all three households with a total of KRW 500 million.

In the actual auction procedure, the real estate appraisal value of the instant case was only KRW 276 million, and other tenants did not properly explain their rights and interests, and thus, the Plaintiff was not paid the deposit amounting to KRW 70 million in the auction procedure.

B. Defendant B is liable to compensate the Plaintiff for KRW 49 million equivalent to 70% of the deposit amount of KRW 70 million, since it erred by violating its duty to explain as a real estate broker.

The Defendant Association also is jointly and severally with Defendant B as a mutual aid business entity of a mutual aid agreement.

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