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(영문) 수원지방법원 2017.07.12 2016가단551454
공제금지급 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 60,000,000 and for this, KRW 5% per annum from November 26, 2015 to January 18, 2017.

Reasons

1. Facts of recognition;

A. Defendant C, as a licensed real estate agent of “E Licensed Real Estate Agent Office”, concluded a license and guarantee insurance contract (hereinafter “instant insurance contract”) with Defendant Seoul Guarantee Insurance Co., Ltd. (hereinafter “Defendant Company”) for the insurance period from April 8, 2014 to April 7, 2015, with the content of the guarantee as “real estate broker business guarantee insurance policy pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act” with the content of the guarantee as “real estate broker business guarantee insurance policy pursuant to the Act on Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions.”

B. As a licensed real estate agent of the F Licensed Real Estate Agent Office, Defendant D entered into a mutual aid agreement between Defendant D and the Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) under which the Defendant Association compensates the transaction party for the damage within the limit of KRW 100,000,000,000, in case where Defendant D intentionally or negligently caused property damage to the transaction party while acting as a real estate intermediary (hereinafter “instant mutual aid agreement”).

C. On April 11, 2014, the Plaintiff entered into a lease agreement with Defendant B, the owner of G land and its 4th floor above ground and the 1st floor above a rooftop (hereinafter referred to as “the instant multi-family house”) with respect to the instant multi-family house 204, which is the owner of the instant land and building, with the brokerage of Defendant C and D, as to the lease deposit amount of KRW 60 million,000,000, and the lease term from April 18, 2014 to April 18, 2016 (hereinafter referred to as “instant lease agreement”), and completed the said lease agreement with Defendant B with the total of KRW 6,00,000 on the date of the instant lease contract, the intermediate payment of KRW 14,00,000,000 on April 14, 2014, and the remainder of KRW 40,000,000 on April 18, 2014.

The confirmation and explanatory note of the object of brokerage prepared and delivered by Defendant C and D at the time of entering into the instant lease agreement shall be excluded from the ownership in the register.

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