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(영문) 서울중앙지방법원 2017.01.25 2015가단5126605
공제금 지급 청구의 소
Text

1. As to Plaintiff A’s KRW 28,00,00, and KRW 14,00,000 to Plaintiff B and each of the said money, the Defendant from July 19, 2015 to July 2017.

Reasons

1. Facts of recognition;

A. 1) The Real Estate Agent C, a licensed real estate agent, operated the real estate brokerage business under the trade name “E” in Seongdong-gu Seoul Metropolitan Government D. 2) F, a nearby “E”, served as an intermediary.

3) The Defendant is a mutual aid business entity that entered into a mutual aid agreement with C to compensate for any property damage caused to a transaction party intentionally or by negligence in the course of conducting real estate brokerage. According to the Defendant’s rules and regulations dealing with mutual aid business, the Defendant shall pay mutual aid money within 60 days from the receipt of a claim for mutual aid money. (B) H and I jointly purchased “Seoul Seongdong-gu J-gu Seoul Metropolitan Government 16§³ and above-ground housing and commercial buildings.”

H completed the registration of ownership transfer with the Seoul Seongdong-gu District Court No. 4007, Jan. 15, 2007, as to the share of 66/166 square meters in Seongdong-gu Seoul J-gu, and the share of 66 square meters on the ground of “Seoul Seongdong-gu J Ymenamen and Ymenamen and Yamena whose 37.09 square meters in the 1st place of house and the Yamenamen's house attached to the same 37.09 square meters in the 1st place of house.”

I completed the registration of ownership transfer on January 15, 2007 by the Seoul Eastern District Court No. 4008 received on January 15, 2007 with respect to 100/166 shares of the same site and 100 square meters of the ground (Seoul Seongdong-gu J No. 1).

(2) On November 15, 2010, Plaintiff A and H agreed to lease KRW 104 of the instant building from November 15, 2010 as C’s brokerage, and paid KRW 4 million on November 15, 2010, and KRW 36 million on November 20, 2010 to C. The receipt of the instant building was prepared in the name of I, etc. and issued to Plaintiff A. The Plaintiff A had completed the move-in report under the name of 104, and resided until now.

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