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(영문) 창원지방법원 2020.02.13 2019가단108889
손해배상(기)
Text

1. The Defendants jointly share KRW 19,500,000 with respect to the Plaintiff and Defendant B with respect thereto from June 5, 2019.

Reasons

1. Basic facts

A. On March 16, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the E-building, a multi-family house located in J, Jin-gu, Jin-si, Jin-si (hereinafter “instant building”), which is a multi-family house located in J, G, Plaintiff, and lessee, lease deposit amounting to KRW 65,00,00, and term of lease from March 16, 2016 to March 15, 2018.

On March 16, 2016, the Plaintiff completed the registration of the establishment of chonsegwon, which consists of the Plaintiff, the Plaintiff, the 65,000,000,000 won for the instant building, and the scope of residential fourth floor F.

B. Of the description of confirmation of the object of brokerage prepared by Defendant B on the date of entering into the instant lease agreement, the term “matters of rights to the object that is not publicly notified of the actual right” is indicated as “the fact that there is a difference between the registry and the actual right.”

C. After the termination of the instant lease agreement, the Changwon District Court’s H Real Estate Compulsory Auction and I Real Estate Voluntary Auction (Dual Auction) case was conducted with respect to the instant building and site, but the said auction case was completed on November 13, 2019, and only distributed dividends to the right holder prior to the Plaintiff, and the Plaintiff did not receive any distribution at all.

Meanwhile, at the time of entering into the instant lease agreement, Defendant B entered into a mutual aid agreement of KRW 100 million with the Defendant C Association (hereinafter “Defendant Association”).

Article 6 of the Terms and Conditions of Mutual Aid by the Defendant Association shall be within the limit of compensation provided for in Article 8, among the liability for damage that a mutual-aid policyholder causes property damage to a transaction party by intention or negligence in acting as a real estate broker under the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter referred to as the “Licensed Real Estate Agents Act”).

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