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(영문) 부산지방법원 2016.11.29 2014가단73929
임대차보증금반환 등
Text

1. Defendant B pays to the Plaintiff KRW 80,000,000.

2. The plaintiff's remaining claims against the defendant B and the defendant.

Reasons

1. Basic facts

A. 1) Operational status of the instant authorized brokerage office C) From February 26, 2013 to July 6, 2015, the “E Licensed Real Estate Agent Office” on the Seo-gu and 2nd floor of Busan (hereinafter “E Licensed Real Estate Agent Office”).

(1) The Defendant Association (hereinafter “instant mutual aid agreement”) operated a real estate brokerage business on February 26, 2014, and the Defendant Association, as between February 26, 2014 and C, incurred property damage to the client due to intention or negligence in performing a real estate brokerage business as between February 26, 2014 and February 25, 2015, upon which C incurred property damage to the broker, the Defendant Association, within the limit of KRW 100 million, to the broker. (hereinafter “instant mutual aid agreement”).

2) F was the representative of the instant authorized brokerage office in fact without being registered as a broker assistant of the instant authorized brokerage office as well as the qualification of licensed real estate agents.

3) G was registered as a brokerage assistant of the instant authorized intermediary office from January 20, 2014 to November 17, 2014. B. (1) On November 2, 2009, the Plaintiff completed the registration of ownership transfer on November 2, 2009 with respect to the instant registered store Nos. 201 and 202 (hereinafter “instant store”).

2) On January 29, 2014, the Plaintiff: (a) sold the instant commercial building to G, registered as a brokerage assistant of the instant certified brokerage office, for KRW 400 million; (b) from G, the Plaintiff was paid KRW 15 million as the down payment on the day of the contract; (c) the intermediate payment of KRW 35 million on March 17, 2014; and (d) the remainder payment of KRW 350 million on May 30, 2014, respectively (hereinafter “instant sales contract”).

A. At the time of the sales contract, the instant certified brokerage office, operated by C, is indicated as a broker, and the Plaintiff’s office of the instant licensed real estate agent fee amounting to KRW 3.6 million.

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