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(영문) 인천지방법원부천지원 2015.04.03 2014가단45562
손해배상 등
Text

1. Defendant C: (a) KRW 10,800,000 to Plaintiff A; (b) KRW 9,200,000 to Plaintiff B; and (c) each of them, from December 12, 2014 to December 2015.

Reasons

1. Basic facts

A. Defendant C is a real estate broker who operated “E” as prescribed in Article 45(1) of the former Enforcement Decree of the Act from April 22, 2010 to April 12, 2013. The Plaintiffs are the lessees who entered into a real estate lease contract with the content of “E” as the broker of Defendant C.

B. On November 19, 2012, Plaintiff B did not obtain permission by classifying the number of households of 304 in Bupyeong-gu Seoul Special Metropolitan City, Nowon-gu G (hereinafter “instant building”) with Nonparty F. However, convenience in lease and management appears to have been designated as the number of units by specifying the number of units by each household. From December 26, 2012 to December 25, 2013, Plaintiff B entered into an obligatory lease contract with Nonparty F with the term “first lease contract” (hereinafter “first lease contract”) with the term “the deposit amount of 45,000,000,000, and the term of lease from December 29, 2012 to December 25, 2013, Plaintiff A concluded the lease contract with the term “the bond amount of 40,000,01,000 won and the term of lease from December 29, 2012 to the term “the bond of 206,131,214” respectively.

C. The instant building is a second class neighborhood living facility (public notice) under the Building Act. At the time of entering into each of the instant lease agreements, cooking facilities, etc. were installed for each of the units, and used as a studio-type multi-family house that enables independent dwelling.

The Plaintiffs shall pay the aforementioned security deposit to F, and Plaintiff B shall receive the delivery of each leased part, and Plaintiff A shall complete each move-in report on December 26, 2012, and Plaintiff A shall complete each move-in report on February 5, 2013, and received a fixed date in each lease contract.

E. At the time of entering into each of the instant lease agreements, the Plaintiffs, like the Plaintiffs, shall move into the instant building prior to the Plaintiffs.

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