(영문) 대구지방법원안동지원 2019.10.16 2019가단20580

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(영문) 대구지방법원안동지원 2019.10.16 2019가단20580

손해배상(기)

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1. The Defendant is 5% per annum from April 17, 2019 to October 16, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 2017, the Plaintiff, as a broker of the Defendant, as a licensed real estate agent, leased No. 70 million won from the lease deposit, the lease term of which was fixed from April 10, 2017 to April 9, 2019 (hereinafter “instant lease contract”), and obtained the fixed date in the said lease contract on March 27, 2017.

B. At the time of entering into the instant lease agreement, the Defendant only stated the special terms and conditions of the lease agreement as “two households among tenants,” and the term “the actual relation of rights or matters of rights that are not publicly notified” among the “a description and description of the object of brokerage” prepared and delivered to the Plaintiff was blank.

However, prior to the plaintiff, the lease deposit of the lessee F of the building in this case was KRW 120 million, KRW 45 million for the lease deposit of the lessee in G, KRW 45 million for the lease deposit of the lessee in H, and KRW 45 million for the lease deposit of the lessee in I, and KRW 43 million for the lease deposit of the lessee in this case.

C. On December 8, 2017, while the Plaintiff paid 70 million won a lease deposit to C and resided in the instant building E after being handed over the instant building, the auction procedure was commenced on the instant building and its site.

In the above auction procedure, the building and the site of this case were sold to 620 million won. On the date of distribution progress on April 17, 2019, only five top priority lessee, five persons holding the right to deliver, and the person holding the right to collateral security, and the plaintiff did not receive the distribution.

[Ground] Evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. When mediating a lease contract for a part of a multi-family house, a broker responsible for damages provides the lessee with data on the legal relationship, etc. of a multi-family house necessary to determine whether the lessee is able to receive a refund of the deposit after the lease contract is terminated. Therefore, the lessee is indicated on the real estate register.

유사 판례

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