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(영문) 인천지방법원 부천지원 2018.11.16 2016가단113537
손해배상(기)
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 150,400,000 and its KRW 15,000 among them, Defendant B shall be from January 10, 2015; and 135,400.

Reasons

1. Facts of recognition;

A. On May 15, 2010, F leased Kimpo-si G apartment H (hereinafter “instant real estate”) as a publicly constructed rental house under the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter the same) from I Co., Ltd. (hereinafter “I”), an owner and a rental business entity, KRW 225,00,000, and KRW 570,000,000 in the rent month, and then acquired the fixed date of the lease agreement in 2012, and transferred the said right of lease to Defendant B with the consent of I on August 29, 2013.

The above defendant completed the move-in report as of September 2, 2013.

B. Defendant E Association (hereinafter “Defendant Association”) around May 13, 2014, between Defendant D, a practicing licensed real estate agent operating the J, and Defendant D, the same year.

5. From 16. to May 15, 2015, when liability for damages was incurred to a transaction party due to intentional or negligent loss on property in mediating conduct, a mutual aid agreement was concluded with the content that guarantees liability for damages within the limit of 100,000,000 won of the deducted amount.

C. On January 10, 2015, the Plaintiff: (a) as a broker of Defendant D, deposited the instant real estate from Defendant B with a deposit of KRW 150,000,000; and (b) the duration of the instant real estate.

2. From June 2 to February 5, 2017, the remainder amounting to KRW 15,000,000 for down payment by January 10, 2015, and the remainder amounting to KRW 135,00,000 for February 6, 2015, respectively, was paid to Defendant B.

2. 6. The delivery of the above real estate was made to Defendant D with a brokerage commission of KRW 400,000, and the transfer was made to the same place with a fixed date on the sub-lease contract.

Defendant B made a move-in report to another place on May 10, 2016.

Meanwhile, on April 22, 2016, K takes over the right of lease on the instant real estate from Defendant B who was in excess of its obligation with the I’s consent, and this year.

5. The plaintiff on 16. 16. The plaintiff properly acquired the right to lease the above real estate from the defendant B.

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