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(영문) 서울중앙지방법원 2017.08.22 2016가단5261031
손해배상(기)
Text

1. The Defendants jointly share KRW 21,00,000 with respect to the Plaintiff and 5% per annum from February 4, 2017 to August 22, 2017.

Reasons

1. Basic facts

A. The Defendants’ status 1) Defendant B is a licensed real estate agent, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”).

(2) The Defendant Korean Licensed Real Estate Agent Association concluded a mutual aid agreement with Defendant B to pay the mutual aid money upon the client’s request, in case where Defendant B caused property damage to the transaction party by intention or negligence in performing real estate brokerage activities with Defendant B as KRW 100 million.

B. 1) C is the owner of etel located on the 372.5 square meters and its ground in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si. The above building is the building with the 5th floor above ground, and the 2-5th floor as an officetel, but was used as a multi-family house with the 29 households located in the 29th and the 29th and the 29th and the 200 million unit mortgage was established on October 24, 2014 with the joint collateral of the building and the site as a joint collateral. 2) The Plaintiff entered into a lease agreement between C and C with the broker of Defendant B regarding the 308 unit of multi-family house as to the 308 unit of multi-family house.

On October 24, 2014, the Plaintiff: (a) paid all the lease deposit and moved in on September 9, 2015; and (b) completed a move-in report on September 9, 2015; and (c) obtained a fixed date on October 24, 2014.

C. On December 21, 2015, with respect to the instant building and site, the auction procedure was commenced on December 21, 2015, upon the application of a limited liability company specialized in securitization, Ei Bank’s successor, the Daejeon District Court, on December 21, 2015. At the above auction procedure, the instant building and site were appraised in KRW 1,485,838,38, and sold in KRW 1,263,770,00 on July 26, 2016, and the sales price was paid on August 19, 2016.

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