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(영문) 서울중앙지방법원 2016.06.02 2015가단5016296
손해배상(기)등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 39.2 million and the Defendant B with respect to the said KRW from February 10, 2015.

Reasons

1. Facts of recognition;

A. Defendant B is a person who operates a real estate brokerage office under the trade name of C real estate, and Defendant Korea Licensed Real Estate Agent Association is a mutual aid business entity that guarantees the liability of practicing licensed real estate agents under Article 30 of the Licensed Real Estate Agents Act pursuant to Article 42 of the same

B. On July 27, 2010, the Plaintiff concluded a lease agreement with the lessor (hereinafter “instant lease agreement”) by setting the lease deposit amount of KRW 56 million with respect to the building 101 located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant building”) as the broker of Defendant B, as of August 9, 2012, by the end of the lease deposit amount of KRW 56 million and the lease term of KRW 9, 2012.

C. Although the site of the instant building was not owned by lessor E, Defendant B did not verify the copy of the register of land register, etc. and issued to the Plaintiff a letter of confirmation of the object of intermediation, a copy of the building register, and a certificate of mutual aid, that both the land and the building owned by lessor E.

The plaintiff requires the lessor E to return the lease deposit after the expiration of the first lease term.

Seoul Western District Court 2014Kadan24337 filed a lawsuit to return the lease deposit, and it became final and conclusive upon a favorable judgment.

E. The Plaintiff filed an application for a compulsory auction on a leased building F with Seoul Western District Court, and the said court revoked the decision to commence the auction on the ground that the lower sale price of the leased building was from KRW 42,775,00 to KRW 50,000 to KRW 42,75,00,000 to KRW 50,000,000

[Ground of recognition] Unsatisfy, each entry (including a serial number) in Gap1 or 12, the purport of the whole pleadings

2. The parties' assertion

A. While mediating the lease of the instant building by Defendant B, Defendant B did not properly investigate and confirm the ownership relationship of the instant building site, which is the subject matter, while mediating the lease of the instant building, and due to such negligence, the Plaintiff suffered losses that could not recover the lease deposit after the termination of the lease relationship.

Defendant B.

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