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(영문) 대전지방법원 2020.10.13 2019나113992
임대차보증금
Text

All appeals filed by the Plaintiff and the Defendants are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal.

Reasons

1. Facts of recognition;

A. On February 17, 2017, the Plaintiff, as the broker of Defendant B, concluded a lease agreement with the lessor D and Dosan-si E Building F (hereinafter “instant heading,” and the entire building, including the instant heading, was determined as the lease deposit deposit amounting to KRW 35 million and the lease period from February 20, 2017 to February 19, 2019.

B. As to the multi-family housing in the instant case, the procedure of voluntary auction was commenced as the Gunsan Branch G for the Jeonju District Court, and the Plaintiff received 17 million won as the priority tenant in the voluntary auction procedure, and the remainder of the lease deposit was lower than the senior lessee and the mortgagee, and thus did not receive the distribution in the chickens.

(A) have not been paid to the lessor D.

The defendant C Association is a mutual aid business entity that has entered into a mutual aid agreement with the defendant C Association to cover liability for damages caused by a brokerage accident.

[Grounds for recognition] Gap 1, 2, 3, 5 evidence, the purport of the whole pleadings

2. Determination

(a) A broker who has a liability for damages shall provide data on the relationship of rights, etc. of a multi-family house necessary to determine whether the lessee can receive a refund of the deposit after the lease contract is terminated, while mediating a lease contract for part of a multi-family house;

A broker shall not only verify and explain the relationship of rights, etc. of the object of brokerage indicated in the real estate register to the lessee, but also request the lessee to submit the data on the details of the lease contract of other lessee who already resides in the multi-family house, excluding the part concerning personal information among the details of the lease contract of the lessee who is living in the lessee, and then explain the details to the lessee and present the data to the lessee. The "actual relation of rights to the object of brokerage" in the form prescribed in Article 16 of the Enforcement Rule of the Licensed Real Estate Agents Act.

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