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(영문) 부산지방법원서부지원 2019.06.21 2018가단12788
손해배상
Text

1. The Defendants jointly share KRW 36,477,086 to the Plaintiff and Defendant C with respect thereto from December 21, 2018.

Reasons

1. Basic facts

A. Defendant C is a practicing licensed real estate agent operating the E Licensed Real Estate Agent Office.

Defendant D Association (hereinafter “Defendant Association”) operated a mutual aid project to guarantee the liability for damages to the parties to a transaction of real estate brokers, and concluded a mutual aid agreement with Defendant C to bear the liability for damages up to KRW 100 million if Defendant C intentionally or negligently causes property damage to the parties to a transaction while engaging in a brokerage act prescribed by the Licensed Real Estate Agents Act from August 16, 2014 to August 15, 2015.

B. On April 14, 2015, the Plaintiff entered into a lease agreement with F as to the H building I (hereinafter referred to as “instant real estate”) on a parcel of land owned by F as an intermediary by Defendant C, with a deposit amount of KRW 90 million, while paying the down payment of KRW 20 million on May 4, 2015, the Plaintiff entered into the said agreement to pay the remainder of KRW 70 million (hereinafter referred to as “instant lease agreement”).

On April 14, 2015, the Plaintiff paid the down payment of KRW 20 million to F.

(F) On April 12, 2015, the Plaintiff and F, at the time of the conclusion of the instant lease agreement, paid to Defendant C’s brokerage offices employees (including KRW 7 million). The Plaintiff and F, at the time of the conclusion of the instant lease agreement, are as follows 3.

2. Provisional seizure by creditor J 43 million won and Gu/Dong.

1. The lessee agreed to cancel the provisional attachment and the establishment registration of the mortgage before the date of delivery of the instant real estate by stating that the lessee is obligated to cancel the said KRW 60 million prior to the date of delivery of the instant real estate by stating the terms and conditions that the lessee would have to cancel. The lessee may cancel the contract if the cause of restriction on the right occurs after the conclusion of the contract and the cause of restriction is impossible by the due date for the remainder payment of the lessee. In this case, the lessor

“Agreement” means an arrangement with the content.

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