(영문) 부산지방법원 2019.04.24 2016가단41254

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(영문) 부산지방법원 2019.04.24 2016가단41254

손해배상(기)

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1. The Defendants jointly share KRW 25,000,000 with respect to the Plaintiff and 5% per annum from May 24, 2017 to April 24, 2019.

Reasons

1. Facts recognized;

A. On October 15, 201, the Plaintiff (Lessee) and E (Lessor) concluded a lease contract with the broker of Defendant C, a licensed real estate agent (hereinafter “instant lease contract”) with respect to the lease deposit amounting to KRW 50,000,000, and the term of lease from November 15, 201 to November 14, 201, with respect to building H on the five lots of land outside Busan-gu, Busan (hereinafter “instant building”).

The Plaintiff paid KRW 50,000,000 to E around that time, and resided in the building of this case.

The Plaintiff completed the registration of the establishment of chonsegwon on November 15, 201 on the instant building instead of obtaining a fixed date at the time of the instant lease agreement, instead of obtaining a fixed date.

(A) At the time of the conclusion of the instant lease agreement, Defendant C, a licensed real estate agent, explained to the Plaintiff that the instant building and its site were owned solely by E, and did not explain that the instant building and its site may either be removed or removed if the owner of the instant building and its site are different.

On April 28, 2011, Defendant C entered into a mutual aid agreement with Defendant D Association (hereinafter “Defendant Association”) with the content that the amount of deduction shall be KRW 100,000,000, and the period of mutual aid shall be from April 28, 2011 to April 27, 2012, the Defendant C shall guarantee the obligation to compensate for property damage caused to the parties to a transaction by intention or negligence in connection with brokerage (hereinafter “instant mutual aid agreement”).

B. As to the instant building, the details of the change of real rights, such as ownership, and the process of auction, the building has been owned until now since E completed the registration of ownership transfer in the future.

Of the land of the instant building, with respect to F. 635 square meters in Busan-gu Busan-gu, Busan-do (hereinafter “instant land”), on April 5, 2007, E completed the registration of ownership transfer on the share of 212.39/635 among them, and I on July 2, 2009.

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