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(영문) 서울중앙지방법원 2016.04.07 2015가단93144
손해배상(기) 등
Text

1. Defendant D and the Korean Licensed Real Estate Agent Association jointly share KRW 24,000,000 for the Plaintiff and its related thereto from September 7, 2015.

Reasons

1. Facts of recognition;

A. In relation to Plaintiff A’s claim, Plaintiff A entered into a contract with Defendant D, a licensed real estate agent on May 9, 2012 for the lease of KRW 203,00,000 as deposit money of KRW 60,000,000 during the period from June 8, 2012 to June 8, 2014, and paid KRW 60,000,000 as deposit money to G by June 8, 2012. Plaintiff A filed a move-in report and received a fixed date on July 9, 2012.

(2) The H multi-household housing is a building consisting of 17 households in total, and the sum of the deposit amounts of the senior lessee was KRW 576 million, not only where the right to collateral security (SP) was established at the time when the Plaintiff entered into the said lease agreement, which is a total of KRW 455,000,000,000.

(3) At the time of mediating each of the above lease agreements, Defendant D issued a description verifying the object of brokerage to the Plaintiff, and the subject matters of rights other than ownership include the collateral security 325,00,000,000, the collateral security 130,000,000, and the mortgage 70,000,000,000, and the prior lease deposit amount is KRW 300,000,00,00,000,00,000.

(4) The decision on commencing the auction of HDa-family housing was made and the procedure was in progress. The actual amount to be distributed was KRW 820,338,161, but the Plaintiff A did not receive any distribution at all.

(5) On the other hand, on February 20, 2012, Defendant D and Licensed Real Estate Agents engaged in real estate brokerage, the Defendant Association concluded a mutual aid agreement with the parties to a transaction to compensate for the damage within the limit of KRW 100 million in cases where the damage was inflicted upon the parties to the transaction by intention or negligence in performing real estate brokerage. From February 20, 2012 to February 19, 2013, the Defendant Association concluded the mutual aid agreement with the compensation amount to

B. In relation to Plaintiff B’s claim, Plaintiff B’s (1) as a broker of Defendant E, a licensed real estate agent on August 15, 2013, is below the multi-family housing located in Yeongdeungpo-gu, Young-gu, Young-gu, J and K.

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