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(영문) 서울고등법원 2018.04.11 2017나2046104
보증금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs is modified as follows. A.

Defendant R is attached to the Plaintiffs.

Reasons

1. Basic facts

A. Defendant R is the owner of “T” (hereinafter “instant real estate”) which is a multi-family house with the third floor above the land of the Nam-gu Incheon Metropolitan City S (hereinafter “instant real estate”).

B. From July 2010 to July 2016, U actually operated a brokerage office with the trade name “X” (hereinafter “X brokerage office”) of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, by borrowing a certificate of qualification of licensed real estate agent from V, a licensed real estate agent.

C. On December 29, 2014, Plaintiff I concluded a lease agreement with U, expressed as a lessor’s agent at X brokerage office, setting the lease term of KRW 30 million from January 5, 2015 to January 4, 2016, and paid KRW 30 million to U around that time.

On the other hand, on February 26, 2016, Plaintiff C entered into a lease agreement with u, expressed as the agent of Defendant R, with respect to 103 of the instant real estate, with the term of lease from February 28, 2016 to February 27, 2018, setting the lease deposit amount of KRW 28 million, and around that time, Plaintiff C paid KRW 28 million to U.S.

(2) Of the instant lease agreements, the term “the pertinent unit of the instant real estate” is collectively referred to in 103 and 301, and the term “each of the instant lease agreements” is collectively referred to as “the pertinent unit of the instant real estate.” Among each of the instant lease agreements, the term “Defendant R” is indicated in the lessor’s respective unit of lease agreements, “U” in the lessor’s representative, “the pertinent Plaintiff” in the lessee’s representative, and “V” in the broker column.

The Defendant Korean Licensed Real Estate Agent Association (hereinafter “FF”) was engaged in a mutual aid business to guarantee the broker’s liability for damages pursuant to the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, and entered into a mutual aid agreement with a licensed real estate agent V who is a X brokerage office business operator on January 11, 2014 and a mutual aid agreement with a credit limit of KRW 100 million from January 11, 2014 to January 11, 2015.

【Unsatisfied Facts, Gap, Gap, 1, 2, 4, 5, 9, 12.

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