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1. The Defendants jointly share KRW 33,000,000 to the Plaintiff and Defendant B with respect thereto from January 16, 2015.
Reasons
1. Basic facts
A. Defendant B is a licensed real estate agent who operated real estate brokerage business in Seo-gu Daejeon, Daejeon from November 16, 201 to May 18, 2012, and the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that, when Defendant B intentionally or negligently, causes property damage to a transaction party in the course of performing real estate brokerage, Defendant B is liable to pay mutual aid money for such damage.
B. On March 2, 2012, the Plaintiff entered into a lease contract (hereinafter referred to as the “instant contract”) with respect to 401 out of the fourth multi-family house in the Seo-gu Seoul Special Metropolitan City, Seo-gu (able to reside with 17 households; hereinafter referred to as “the instant house”) located in D as a broker of Defendant B, with the term of KRW 110 million and the term from April 28, 2012 to April 27, 2014, the lease deposit amount of KRW 110 million was paid on April 28, 2012, and obtained a fixed date on April 30, 2012.
C. Meanwhile, at the time of the conclusion of the instant contract, the instant house was set up a collateral (hereinafter “instant collateral”) under the name of the Han field Saemaul Community Depository (hereinafter “instant collateral”) with the maximum debt amount of KRW 650 million, and ② as indicated in the lessee details by the date of the relevant transfer, the prior lessee was 8 households (a total of KRW 539 million; hereinafter “the instant prior lessee”).
The instant house was awarded in KRW 1,161,83,404 on November 12, 2014 (1,368,378,780 as of May 8, 2014) after the ownership was transferred to F on April 26, 2012; thereafter, the auction procedure was initiated to G with the Daejeon District Court on April 25, 2014 following the order of commencement on April 25, 2014 (1,368,378,780 as of December 8, 2014); and the amount to be actually distributed under the distribution schedule as of December 10, 2014 as of December 1, 154,457,714, in the order of KRW H, I, J, K, L, M, M, 1,900, KRW 500,000, KRW 500,00,000, KRW 3794,397,97484.