1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. At the time when Defendant B, who claimed the Plaintiff, arranged a lease agreement on the three-story multi-family house E (hereinafter “instant multi-family house”) for the instant multi-family house (hereinafter “instant lease agreement”) concluded between the Plaintiff and the lessor, Defendant B violated the duty to confirm the object of brokerage and explain by failing to explain the Plaintiff the prior mortgage on the instant building and the amount of lease deposit for other lessees, etc.

In addition, since Defendant B entered into a mutual aid agreement with Defendant C Association (hereinafter “Defendant Association”), it is liable for damages if the broker intentionally or negligently incurred damage to the parties to the transaction in the course of brokerage.

Therefore, as the multi-family house in this case was put up for auction to the plaintiff jointly, the defendants are obligated to pay 47.5 million won and damages for delay, which limit their liability according to the degree of negligence of the plaintiff, among the deposit amount of KRW 95 million which the plaintiff has not recovered.

2. The judgment of a licensed real estate agent is obligated to provide the lessee with the information on the security deposit for lease, timing of lease and completion period, etc. except for the portion regarding personal information among the lease agreements of other tenants who already live in a multi-family house and live in the lessee, and then explain it to the lessee and present the information to him/her. In addition, if the lessee fails to comply with a request to provide other tenants with the data on the security deposit for lease, time of lease and termination period, etc., the details thereof shall be stated in the confirmation statement of the object of brokerage.

Supreme Court Decision 2011Da63857 Decided January 26, 2012