logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.17 2017나57105
지급명령신청
Text

1. Revocation of the first instance judgment.

2. The Defendants jointly share KRW 13,400,000 to the Plaintiff and Defendant A with respect thereto.

Reasons

1. Basic facts

A. On August 26, 2009, C entered into a contract with Defendant A, a licensed real estate agent, to lease the Plaintiff (hereinafter “instant lease contract”) by setting the lease deposit amount of KRW 40,000,000 from September 8, 2009 to September 7, 2010 (hereinafter “instant lease contract”). At that time, C paid KRW 40,000,000 to Defendant B the lease deposit amount of KRW 40,000.

B. At the time of entering into the instant lease agreement, C explained the relationship of rights to the instant real estate by E, who is an employee of the real estate brokerage office operated by Defendant A.

C. On April 25, 201, the auction procedure was initiated with the Busan District Court Branch F of Dong Branch of the District Court on April 25, 201, upon the application of the Korea Federation of Political Network Fisheries for voluntary auction by the mortgagee of the instant real estate, and on February 5, 2013, C did not receive any distribution at all during the open distribution procedure.

From September 9, 2007 to May 10, 2018, Defendant A, a real estate broker, entered into a mutual aid agreement with the Plaintiff, which covers liability for damages when the transaction party caused property damage by intention or negligence in acting as a broker between the Plaintiff and the Plaintiff.

E. On August 12, 2014, the Busan District Court rendered a judgment that “Defendant B shall pay to the Plaintiff (C) KRW 40,000,000 and 20% interest per annum from December 22, 2012 to April 18, 2014; and that “The Plaintiff’s claim against the Plaintiff (C) against Defendant A and the Korean Licensed Real Estate Agent Association (Plaintiff) shall be dismissed in entirety.”

As to the above judgment, C and the defendant B appealed and during the appellate trial (the Busan District Court 2014Na45642), C are in progress.

arrow