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(영문) 수원지방법원 2016.05.12 2015가단18790
손해배상
Text

1. The Defendant’s KRW 7,500,000 as well as the Plaintiff’s annual rate of 5% from June 7, 2015 to May 12, 2016 and the following.

Reasons

1. Facts of recognition;

A. On August 7, 2012, the Plaintiff, as a broker of the Defendant, leased the Kugung-gu C and 301 (hereinafter “instant real estate”) at KRW 30 million.

B. On February 21, 2012, the registration of the establishment of a neighboring mortgage of KRW 268,200,000 on the instant real estate and the registration of provisional seizure of KRW 349,50,000 on April 23, 2012 was completed, but the Defendant merely explained only the establishment of a neighboring mortgage while acting as an intermediary for the instant real estate, and did not explain the registration of provisional seizure.

C. Although the Plaintiff occupied the instant real estate upon transfer on September 1, 2012, the Plaintiff was issued a fixed date only on May 13, 2013, for which the Suwon District Court rendered a decision to commence a compulsory auction on May 13, 2013, and on July 3, 2013.

The Plaintiff was not fully apportioned from the distribution procedure of the instant real estate, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, and 8, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant did not fully perform the explanation while mediating the real estate of this case, and thus, the plaintiff suffered damages that the plaintiff could not receive 30 million won of the deposit, and thus shall compensate for such damages.

B. 1) Since the legal relationship between a real estate broker and a client is similar to that under the Civil Act, a broker who received a brokerage request is obliged to verify and confirm the legal relationship, etc. of the object of brokerage and explain it to the broker (see, e.g., Supreme Court Decision 2012Da74342, Jan. 29, 2015). Furthermore, pursuant to Article 30 of the Licensed Real Estate Agent Act, a practicing licensed real estate agent is liable to compensate for damages caused to a transaction party by intentional or inaccurate explanation, etc.

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