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(영문) 서울고등법원 2016.05.27 2015나2017447
손해배상(기) 등
Text

1. Of the judgment of the first instance, the money that orders the following payment to Defendant B, C, D, and the Korea Licensed Real Estate Agent Association.

Reasons

1. Facts of recognition;

A. Defendant B leased a licensed real estate agent’s license from Defendant D to May 21, 2013, with the trade name “F” from May 201, 2012 to May 21, 2013, and Defendant C supported Defendant B’s business at the said office.

B. From May 25, 2012 to May 24, 2013, Defendant D, as the representative of the above office, subscribed to the mutual aid agreement of the Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) to cover liability for damages under Article 30 of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agents Act”) where a mutual-aid policyholder, who is a real estate broker, caused property damage to a transaction party by intention or negligence in performing real estate brokerage.

C. On November 24, 2009, G entered into a lease agreement with the Korea Land and Housing Corporation and the Korea Land and Housing Corporation under the Rental Housing Act (hereinafter “instant apartment complex”) with respect to the lease deposit KRW 70,000,000, monthly rent of KRW 405,000, and the scheduled date of occupancy as of September 201 (hereinafter “the lease agreement of this case”) with respect to the instant apartment complex, which is a rental house under the said Rental Housing Act.

Defendant B, through J ( seems to be engaged in the same real estate-related business), had all documents (such as a performance letter with the G’s signature and seal, a statement of real estate sale, a statement of consent, a contract of apartment sale, a contract of apartment sale, a certificate of waiver of inheritance rights and a joint performance, a letter of delegation, a letter of delegation, a letter of waiver of right, a certificate of transaction, etc.) to transfer the right of lease of G in this case.

E. On February 2013, the Plaintiff was discharged from military service by her husband, who is a soldier.

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