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1. The Defendants jointly share KRW 28,000,000 to the Plaintiff and Defendant B with respect thereto from July 9, 2016.
Reasons
1. Basic facts
A. On November 30, 2012, the Plaintiff entered into a lease agreement with Defendant B, a licensed real estate agent office operating the C Licensed Real Estate Agent Office, to lease KRW 103 of the multi-family house located in the FF and seven parcels of land at the time, and the Plaintiff entered into a lease agreement with the Plaintiff to lease KRW 6,000,000 from January 6, 2013 to January 5, 2015, with the deposit money paid to him/her after obtaining a fixed date on the move-in report and lease agreement on February 21, 2013.
B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B to compensate for the damage suffered by the transaction party by imposing liability for damages under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Licensed Real Estate Agent Act”) where Defendant B caused property damage to the transaction party by intention or negligence in performing real estate brokerage with Defendant B.
C. On May 19, 2014, on the instant land and the instant common security, G 926 square meters and H 374 square meters, at the request of a mortgagee, a voluntary auction was commenced upon the application of a mortgagee (J). On October 1, 2014, on the instant land and the instant building and the instant common security, a voluntary auction was commenced (the aforementioned support J).
In the above auction procedure, the instant land and buildings were appraised at KRW 875,727,160 as of June 12, 2014, but two times were inspected, and sold at KRW 587,77,00 to a third party on June 11, 2015. The Plaintiff, who demanded a distribution of the lease deposit, did not receive any distribution.
[Grounds for recognition] Gap 1 to 6, Eul 3, the whole purport of the pleading
2. The parties' assertion
A. As a broker, Defendant B is the Plaintiff’s broker, and the instant building.