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(영문) 서울중앙지방법원 2016.10.11 2013가단250011
손해배상
Text

1. The Defendant: (a) KRW 8,000,000 for the Plaintiff and 5% per annum from August 31, 2016 to October 11, 2016; and (b).

Reasons

1. Facts of recognition;

A. The defendant is a licensed real estate agent operating "D" in Gwanak-gu in Seoul Special Metropolitan City.

B. On May 11, 2013, the Plaintiff came to know of the fact that 208 of the multi-family house on the 6th floor in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant building”) with the leased object from among the apartment house on the 6th floor in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant building”). A lease agreement was concluded between G and the owner of the instant 208 and G by setting the said 208 rental deposit amount of KRW 45 million and the term of lease from May 13, 2013 to May 12, 2014, and paid KRW 100,000 as the provisional contract amount to F on the same day.

C. On May 12, 2013, the Plaintiff: (a) requested the Defendant to act as a broker of a fixed rental agreement regarding No. 208; and (b) as to the foregoing subparagraph 208 between G and G on behalf of the Defendant and G on behalf of the F.

The terms and conditions of the lease contract, such as Paragraph (1), were concluded (hereinafter “instant lease contract”).

On May 13, 2013, the Plaintiff paid the remainder lease deposit of KRW 44 million to F, and received the said KRW 208.

At the time of the instant lease agreement, the building was already set up two cases of lease on a deposit basis with the maximum debt amount of KRW 1.82 billion, H, and I in the future, the amount of the right to preferential reimbursement under the Housing Lease Protection Act, which is worth KRW 140 million, and KRW 32 million. In preference to the Plaintiff, there were a considerable number of lessees who leased part of the instant building and have preferential reimbursement rights under the Housing Lease Protection Act.

E. At the time of the instant lease agreement, the Defendant notified the Plaintiff of the maximum debt amount and the lease on a deposit basis with respect to the right to collateral security and lease on a deposit basis, which were recorded in the real estate registration book of the building of this case, and

However, with respect to the amount or lease period of other lessees who already live in the building of this case, the lessor's side that "one is three-generations and the remainder is three-generations and monthly taxes without any specific confirmation or explanation."

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