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(영문) 서울중앙지방법원 2019.01.22 2018나20216
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Under the trade name of “M Licensed Real Estate Agent Office,” Defendant C is a licensed real estate agent engaged in the brokerage business, and Defendant B Association (hereinafter “Defendant B Association”) concluded a mutual aid agreement with Defendant C to compensate for the damage within the limit of KRW 100 million if Defendant C is liable for damage to property by intention or negligence during the period from December 24, 201 to December 23, 201, which is the period of mutual aid between Defendant C and a licensed real estate agent’s mutual aid program, etc.

D The Plaintiff was the owner of the land of the Yeongdeungpo-gu E (hereinafter “instant land”) and the building on its ground. On August 31, 2012, the Plaintiff entered into a lease agreement with the Defendant C, setting the deposit amount of KRW 65,00,000, and the duration of the above above-ground building for KRW 65,000 from the date of delivery to October 2, 2014 (hereinafter “instant lease agreement”).

At the time, the confirmation description of the object of brokerage prepared and delivered by Defendant C to the Plaintiff was indicated as “the scheduled creation of the right to collateral security of KRW 223,560,000 for the instant house (hereinafter “G”)”.

(hereinafter “instant special agreement”). However, on August 30, 2012, the day immediately before the date of the instant lease agreement, the said collective security was already established on the instant housing.

Meanwhile, one of the matters stipulated in the instant lease agreement at the time of the instant lease agreement, “A lessor (D) after paying the remainder on October 2, 2014, after the lessee (Plaintiff) paid the remainder, shall be cancelled on October 4, 2010.”

On August 31, 2012, when the Plaintiff and D entered into the instant lease agreement, the Plaintiff and D amounting to KRW 223,560,000,00 for the instant housing and the instant land.

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