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(영문) 서울중앙지방법원 2015.04.21 2014나24685
중개의무위반 손해배상
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiffs' claims as to that part are dismissed.

2...

Reasons

1. Basic facts

A. The plaintiffs' lease agreement and the mediation process of the defendant (1) were operated as a licensed real estate agent, and around 2007 as an E Licensed Real Estate Agent Office, the defendant was appointed as a brokerage assistant without registration.

(2) On April 25, 2007, the Plaintiffs entered into a contract with the Defendant and D to lease the F apartment 101, 201, 201, 201 (hereinafter “instant apartment”) with the Mine Engineering Co., Ltd. (hereinafter “instant apartment”) with the term of lease deposit of KRW 60,00,000, and the term of lease from May 23, 2007 to May 22, 2009 (hereinafter “instant lease agreement”).

(3) At the time of the instant lease agreement, teachers’ or other mutual savings banks (hereinafter “school teachers’ mutual savings banks”) registered the creation of the right to collateral security (hereinafter “mortgage”) of KRW 130,000,000, the maximum debt amount, which is the right to collateral security (hereinafter “mortgage”).

The contract of the instant lease agreement or a description confirming the object of brokerage did not state the contents related to the instant mortgage.

(4) The Plaintiffs filed a move-in report on May 3, 2007 with the instant apartment, but did not obtain a fixed date in the contract until the termination of the instant first lease contract, and received it on July 21, 2009.

B. The alteration of the right to the apartment of this case and the renewal of the lease contract (1) on May 12, 2009 sold the apartment of this case to the new tourist hotel on May 12, 2009 at KRW 250,000,000, and the same year.

6. 8. The registration of ownership transfer was completed.

(2) On May 23, 2009, the date following the termination of the instant lease agreement, the Plaintiffs newly concluded a contract to lease the instant apartment with New Daily Hotel Co., Ltd. for the lease deposit of KRW 60,000,000 and the lease term of the instant apartment from May 23, 2009 to May 22, 2011 (hereinafter “instant lease agreement”) without a broker.

In the case of this case, the special clause clause of the lease contract of this case is the item.

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