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(영문) 서울중앙지방법원 2017.07.17 2016가단5111969
손해배상(기)
Text

1. The Defendants jointly share KRW 28,200,000 with respect thereto to the Plaintiff and the period from July 30, 2016 to July 17, 2017.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent running the C Licensed Real Estate Agent Office, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which has entered into a mutual aid agreement with the parties to a transaction with intent or negligence to compensate for the damages within the scope of KRW 100,000 where the parties to the transaction are liable for damages caused by his/her property damage caused by his/her intentional or negligent act in mediating the

B. On November 8, 2014, the Plaintiff’s mother D, representing the Plaintiff, concluded a lease agreement with the effect that 202 (hereinafter “instant housing”) out of the three-story housing buildings on the ground of Nowon-gu in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant building”) owned by E and E (hereinafter “instant building”) was set as KRW 72,00,000 as lease deposit money, and the lease term was set as between December 22, 2014 and December 22, 2017, respectively (hereinafter “instant lease agreement”).

C. At the time of the instant lease agreement, the instant building and its site were registered as the establishment of a mortgage for one bank, one of the collateral security holders, with respect to the maximum debt amount of KRW 240,000,000.

Defendant B stated in the column of “matters of rights other than ownership” of the description of confirmation of the object of brokerage attached to the instant lease agreement, which was established on the instant building and its site, but did not state any indication in the column of “matters of actual relation of rights or rights not publicly announced.”

E. On December 22, 2014, the Plaintiff paid the lease deposit of KRW 72,00,000 to E, and received the instant house from E on the same day. On December 31, 2014, the Plaintiff filed a move-in report and received the fixed date on the instant lease agreement.

G. Since September 15, 2015, the registration of the decision on commencement of auction was completed as G with the Seoul Northern District Court on September 15, 2015 at the request of the creditor Han Bank Co., Ltd.

H. The above auction court on April 7, 2016

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