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(영문) 서울중앙지방법원 2019.12.17 2019가단5188823
공제금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D, a licensed real estate agent, owned “Ftel” located in Seo-gu, Seo-gu, Seocheon-si (hereinafter “instant officetel”) in combination with G and 1/2 shares. On July 25, 2014, D entered into a tax lease agreement with Plaintiff A for the instant officetel No. 37,000,000 with respect to the instant officetel No. 1, and entered into a tax lease agreement with Plaintiff B on June 23, 2014, as to the instant officetel No. 36,000,000.

(hereinafter referred to as "each of the above lease contracts of this case" is collectively referred to as "each of the lease contracts of this case").

D When entering into each of the instant lease contracts, D had the intent or ability to return the deposit for the deposit for the deposit for the lease on a deposit basis, by deceiving the Plaintiffs by making false statements about the amount of the deposit for the lease on a deposit basis of the instant officetel, and received each of the above deposit from the Plaintiffs, respectively, and the judgment became final and conclusive as it was upon conviction in the Daejeon District Court’s Incheon District Court’s support for the crime of fraud.

C. After that, in the process of voluntary auction against the instant officetel commenced on December 21, 2015, Plaintiff A did not receive any distribution at all, and Plaintiff B received the distribution of KRW 15,634,378.

The lessor’s column for each of the lease contracts of this case is accompanied by the D’s name, and the D’s seal is affixed to the broker’s column, and the D’s signature and seal is affixed to the K Licensed Real Estate Agent Office operated by D.

E. Meanwhile, the Defendant entered into a mutual aid agreement between D and D with the content that compensation shall be made within KRW 100 million, where the transaction party caused property damage by intention or negligence in performing the act of real estate brokerage as stipulated in the Licensed Real Estate Agent Act, and the conclusion of each of the instant lease contracts was made during the period of the said mutual aid agreement.

【Ground for recognition” has no dispute, each entry of Gap's 1 through 6, and this court.

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