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(영문) 부산지방법원 2016.05.26 2015가단6285
공제금지급
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of Busan Jin-gu B building No. 812, 1607, 1907, and 2007 (hereinafter “instant building”); Nonparty C is the “D Real Estate Brokerage Office”; Nonparty E is a licensed real estate agent who operated the “F Licensed Real Estate Agent Office”; Nonparty G is a broker assistant at the said brokerage office.

B. The Plaintiff entirely delegated the lease and management of the instant building to G. G. On behalf of the Plaintiff, G concluded a lease agreement on the instant building (hereinafter “instant lease agreement”) on behalf of the Plaintiff, received the deposit money on its own account, and embezzled the deposit money by informing the Plaintiff of false deposit money and remitting only the amount. As of the date of closing argument of the instant lease agreement, the contract term of the instant lease agreement expired as of the date of closing argument.

D 10,000,000 won in KRW 1,00,000,000 as KRW 1,000,000 on September 30, 2010, KRW 1,000,000,000, KRW 5,0000,000,000, KRW 1,000,000,000, KRW 2,5,000,00 won as of April 18, 2013, KRW 207,00,000,000 KRW 25,00,000,000 won as of April 4, 2010.

C. At the time of the date of conclusion of a lease agreement regarding Nos. 812, 1907, and 1607 among the instant building, the Defendant and C, and E entered into a mutual aid agreement with the parties to the transaction with intent or negligence in the course of performing a real estate brokerage act and causing property damage to the parties to the transaction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, each fact inquiry result against the head of Busan District Office of Busan District and the purport of the whole pleadings

2. The defendant's assertion and judgment shall cause property damage to the parties to a transaction due to C or E's "mediation".

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