(영문) 서울남부지방법원 2014.08.07 2012가단22390

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(영문) 서울남부지방법원 2014.08.07 2012가단22390

손해배상

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1. The Defendant shall pay to the Plaintiff KRW 21,60,000 as well as 20% per annum from April 17, 2012 to August 7, 2014.

Reasons

1. Basic facts

A. On 209, the Plaintiff sought to lease the Yeongdeungpo-gu Seoul Metropolitan Government D Building 401 (hereinafter “instant real estate”).

B. On January 19, 2009, at the Defendant’s real estate brokerage office, a lease agreement was concluded between C’s agent E and the Plaintiff during the attendance of the Defendant as C’s broker, under which the Plaintiff leased the instant real estate from C for two years from February 28, 2009, with the lease deposit amount of KRW 75,000,000, and the lease period of the instant real estate from C.

(hereinafter “instant lease agreement.” The Plaintiff paid KRW 75,00,000 to the lessee F of the instant real estate at around that time in lieu of the payment of the deposit.

C. Around August 19, 2009, the name of the lessee of the instant lease was also changed to the Plaintiff.

However, at the time of the conclusion of the instant lease agreement, the Defendant submitted a letter of delegation and a copy of the C’s certificate of personal seal impression that “C shall delegate the rights concerning the lease contract and lease deposit of the instant real estate to E” on behalf of C’s agent E. In addition, the letter of delegation and the certificate of personal seal impression were not stated on the date of signing the delegation, and the certificate of personal seal impression was issued on July 12, 2006, and even if the date of issuing the certificate of personal seal impression was sent prior to the date of signing the contract, it did not verify whether E and C granted the power of representation.

E. However, around May 2006, C entered into a so-called comprehensive purchase delegation contract including the granting of power of representation on the lease contract of this case to E in order to acquire the special right to purchase the objects of urban planning projects within the Seoul residential environment improvement district, and notified E of the cancellation of the comprehensive purchase delegation contract around July 8, 2008.

Accordingly, the right of representation of the lease agreement on the instant real estate has expired to E, and C is to E in 209.

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