logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.13 2017가단514759
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as KRW 15,900,000 on the Plaintiff and as a result, from May 23, 2017 to December 13, 2017.

Reasons

1. Facts of recognition;

A. Defendant B is real estate brokers running the C Licensed Real Estate Agent Office, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity affiliated with Defendant B as its members.

B. On July 30, 2015, the Plaintiff, under the brokerage of Defendant B, leased 301 units of the multi-family house D in Suwon-si, Suwon-si (hereinafter referred to as the “multi-family house in this case”) from the owner E during the lease deposit amounting to KRW 80 million and the lease period from September 5, 2015 to September 5, 2017.

(hereinafter referred to as the “instant lease contract”).

After that, the Plaintiff paid the lease deposit and completed the moving-in report on resident registration on September 17, 2015 after moving into the multi-family house 301, and acquired opposing power under the Housing Lease Protection Act after obtaining the fixed date.

On July 7, 2016, with respect to the instant multi-family house, the compulsory auction procedure was commenced to the Suwon District Court F on July 7, 2016, and the voluntary auction procedure was commenced to the Suwon District Court G on September 2, 2016. The Plaintiff received the distribution of KRW 27 million as the top priority tenant in the above auction procedure, and delivered the instant multi-family house to the purchaser in the auction procedure on February 7, 2017.

E. At the time of the conclusion of the instant lease agreement, the instant multi-family house had a right to lease on a deposit basis with the maximum debt amount of KRW 848 million, 40 million, and a right to lease on a deposit basis with the maximum debt amount of KRW 40 million, and there were many prior lessees.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 8, the purport of the whole pleadings

2. Determination

A. At the time of the conclusion of the instant lease agreement, the Plaintiff asserted by the parties concerned was negligent in performing his duty to explain the existence of senior lessees of the instant multi-family house and the deposit for lease, thereby causing the Plaintiff to incur damages not paid KRW 53 million out of the deposit for lease in the instant auction procedure. Thus, Defendant B, the real estate broker, is the real estate broker.

arrow