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(영문) 서울중앙지방법원 2016.09.12 2016가단5024003
손해배상(기)
Text

1. The Defendants jointly share KRW 11,272,168 to Plaintiff A, and KRW 14,272,168 to Plaintiff B, and each of the above amounts.

Reasons

1. Basic facts

A. (1) On September 10, 2012, Plaintiff A entered into a lease agreement with Party E, the owner of the multi-family house located D (hereinafter “instant building”) located in Jung-si (hereinafter “instant building”) to lease KRW 101 out of the instant building by setting the lease deposit amount of KRW 35,000,000, and the lease term of KRW 35,000 from September 15, 2012 to September 15, 2014.

(2) On March 11, 2013, Plaintiff B entered into a lease agreement to lease KRW 104,00,000 from the instant building, with the term of March 15, 2013 to March 14, 2015.

B. At the time of the conclusion of each of the above lease agreements, Defendant C as a licensed real estate agent and E mediated each of the lease agreements between the Plaintiffs, and the Defendant Korea Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant C on November 28, 201, setting the mutual aid agreement between the amount to be deducted as KRW 100,000,000, and the period of mutual aid from December 24, 201 to December 23, 2012, and agreed to pay the mutual aid money within 60 days after receipt of the request for payment. The mutual aid agreement was concluded with the same content as the previous mutual aid agreement within the period from December 24, 2012 to December 23, 2013.

C. Meanwhile, on November 9, 2010, under the name of the New Bank Co., Ltd. (hereinafter “New Bank”), the registration of creation of a mortgage of KRW 481,00,000 with respect to the instant building was completed. At the time when the Plaintiffs concluded each lease contract, the sum of the prior lessees and their deposits on the instant building, 11,408,000, and 15,000,000, when concluding the Plaintiff B lease agreement, are as follows.

On December 5, 2014, a new bank, which was the collateral security right, obtained a voluntary decision to commence the auction of the instant building and its site from the District Court F, and G acquired the ownership of the instant building at the above auction procedure on September 14, 2015.

E. The sales price of the instant building and building site was KRW 915,590,000, and its principal and interest.

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