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(영문) 서울중앙지방법원 2016.08.11 2015가단5003368
손해배상(기)
Text

1. The Defendants’ respective KRW 38,000,000, respectively, and Defendant B with respect thereto from January 17, 2015, and Defendant B.

Reasons

1. Basic facts

A. The Plaintiff, the lessee of the instant real estate, the Defendant B, the broker, and the Defendant Korean Licensed Real Estate Agent Association (hereinafter the Defendant Association) are the mutual aid entity that entered into a mutual aid agreement with the Defendant B with the amount of the mutual aid amount as KRW 100 million from June 18, 201 to June 17, 2011.

B. On March 1, 2011, the Plaintiff entered into a lease agreement with Defendant B, setting a lease agreement at KRW 2 years from March 25, 2011, and KRW 95 million for lease deposit (hereinafter referred to as the “lease”). At that time, the Plaintiff paid the Nonparty Company KRW 95 million for the lease deposit and occupied the instant real estate.

C. The instant real estate indicated “303” in the current title, and Defendant B provided brokerage, guidance, confirmation description of the object of brokerage, and the lease contract between the Plaintiff and the Nonparty Company. Based on this, the Plaintiff entered the move-in report and the fixed date in the form of “303” but the indication in the public register of the building ledger and the real estate register is “302.”

Around March 2013, the Plaintiff and Nonparty Company renewed the instant real estate lease agreement. On October 2013, the Plaintiff became aware of the difference between the current status of the instant real estate and the indication on the public record, as the public sale procedure for “303” (as indicated in the present text, “302”, and “303” in the attached text, hereinafter referred to as “303” in the public record, where the instant real estate and the present position are opposite to the instant real estate.

E. (1) On the ground that the Plaintiff had a move-in report and a fixed date indicated as “303”, the Plaintiff filed a report on the claim in the public sale procedure with regard to “303 on the above public record.”

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