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(영문) 서울중앙지방법원 2014.09.18 2013가단92093
손해배상(기)
Text

1. Defendant D and E shall within the scope of the property inherited from the net F, as well as KRW 20,199,612, respectively, and as regards this, June 2012.

Reasons

1. Facts of recognition;

A. F purchased and owned 150,000,000 won around July 30, 2008 with respect to H apartment Nos. 105, 103, 103 (hereinafter the instant building) outside the Seo-gu, Incheon, Seo-gu. The building of this case was used on July 30, 2008 by the debtor FF, the mortgagee-mortgaged Bank, the maximum debt amount, 69,600,000 won (the first one was 105,60,000 won, but the principal was 58,000,000,000 won. The principal was completed on September 22, 2009, and I was leased from F to the lease deposit amount to KRW 80,000,000,000, and the building of this case was occupied.

B. Defendant B and C are licensed real estate agents, and Defendant Korea Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant B and C to compensate for the damages of clients.

Defendant C as a broker for the Plaintiff, and Defendant B, as a broker for the F, mediated a lease agreement on the instant building between the Plaintiff and F around July 201.

C. On July 16, 201, Defendant B, with the F’s consent, drafted a lease agreement (hereinafter in this case’s lease agreement) with the Plaintiff and the instant building from August 31, 201 to August 24, 201 as of the remainder payment of KRW 80,000,000, down payment of KRW 80,000,000, and the remainder payment of KRW 72,000,000, and the remainder payment date.

The remaining payment date of the instant lease agreement can be adjusted by agreement between the Plaintiff and the existing lessee.

I signed on the above lease contract as a F agency.

Defendant B had the Plaintiff pay 8,00,000 won directly to the Plaintiff according to F’s will.

On July 16, 2011, the Plaintiff paid 100,000 won in cash to I, and remitted KRW 7,900,000 to I’s account.

The validity of the instant lease agreement is no dispute between the parties.

In consultation with the Plaintiff and I, the remaining payment date and delivery date of the instant lease agreement were advanced on August 18, 201.

I and Defendant B on the remainder payment date prior to the due date.

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