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(영문) 서울중앙지방법원 2016.10.12 2015가단196272
손해배상 등
Text

1. Defendant D and the Korean Licensed Real Estate Agent Association jointly share KRW 7,500,000 to Plaintiff A and the same from April 17, 2016.

Reasons

1. Basic facts

A. The status H is the former owner of Gangseo-gu Seoul Metropolitan Government I multi-family house (the total number of 30 households in the 7th floor building; hereinafter the instant house).

Defendant D is the office of J Real Estate Licensed Agent, the office of K Licensed Real Estate Agent, the office of Defendant F is the L Licensed Real Estate Agent, and the office of Defendant G is the Licensed Real Estate Agent, respectively.

The defendant Korean Licensed Real Estate Agent Association (hereinafter referred to as the "Defendant Association") entered into a mutual aid agreement with the above Defendants to compensate for the loss of the transaction partner due to the act of arranging real estate transactions within the limit of KRW 100 million.

B. On February 8, 2013, Plaintiff A leased 501 units of the instant housing from H as a broker of Defendant D, with a deposit of KRW 40 million, and KRW 150,000 per month of rent, and paid and occupied the deposit. (2) On February 14, 2013, Plaintiff B, as a broker of Defendant E, leased 403 units of the instant housing from H to KRW 55,00,00,000, after paying the deposit.

3) On October 11, 2013, Plaintiff C leased the instant housing No. 202 from Defendant F and G brokerage to H, with a deposit of KRW 55 million, the deposit was paid. C) The instant housing was permitted as a Class II neighborhood living facility (public notice), but was used as a multi-family housing for a residential purpose.

At the time of each lease agreement, the Plaintiffs registered the establishment of a right to lease on a deposit basis, the maximum debt amount of which is KRW 780,000,000, and the registration of the establishment of a right to lease on a deposit basis, each of which is KRW 5,00,000,000.

2) At the time when Plaintiff A entered into a lease agreement, there was a senior deposit of KRW 12 and KRW 585 million with the 12 prior lessee (the sum of the senior deposits at the time of occupancy exceeds KRW 1.1 billion. As the senior lessee’s transfer and junior lessee’s transfer, the order of priority of Plaintiff A increased.

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