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(영문) 대전지방법원 2017.04.20 2016나108036
임대차보증금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Basic Facts

The Defendant is a licensed real estate agent who operated the same office (hereinafter “instant G office”) with the trade name “F Licensed Real Estate Agent Office” in Seo-gu, Daejeon from May 25, 201 to “F Licensed Real Estate Agent Office” (hereinafter “instant office”) and transferred the trade name to Daejeon-gu, Seo-gu, Daejeon, and 505 on July 4, 2013 and changed the trade name to “H Licensed Real Estate Agent Office” (hereinafter “instant G office”).

The Korean Licensed Real Estate Agent Association is a mutual aid business entity that entered into a mutual aid agreement with the defendant who is its member and the guarantee period from May 24, 2013 to May 23, 2014, with a guarantee amount of KRW 100,000,000, in which the defendant caused property damage to the transaction party by intention or negligence in performing real estate brokerage.

On May 27, 2011, K was employed by the Defendant and worked as a brokerage assistant in the instant office. After the Defendant moved to the instant office, K used the instant office as it used, and kept the seals in the name of the Defendant not registered with the registration authority, and around July 2013, K employed D and notified the Defendant’s ID and password to connect to “tank 21”, a site of real estate brokerage operated by the Korean Licensed Real Estate Agent Association.

'Tank 21' site provides a form related to real estate brokerage, the right to access only to member licensed real estate agents.

The Plaintiff, via D on September 16, 2013, concluded a lease contract (hereinafter referred to as “instant lease contract”) with respect to 202 units of the lease deposit with respect to the fourth floor, multi-family house and Class II neighborhood living facilities (hereinafter referred to as “instant building”) of the Seo-gu Seoul Special Metropolitan City I (hereinafter referred to as “instant land”) with D during the period from September 16, 2013, and entered into a lease contract with B during the period from October 8, 2013 to October 7, 2015.

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