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(영문) 부산지방법원 2020.11.13 2020나45032
손해배상(기)
Text

The part of the judgment of the first instance against the defendant D Association shall be revoked.

The plaintiff's claim against the defendant D Association.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) Defendant B, as a licensed real estate agent, lent to C his licensed real estate agent qualification certificate, and Defendant D Association (hereinafter “Defendant Association”).

(2) In the event that Defendant B performed real estate brokerage as of November 15, 2017 to November 14, 2018, the mutual aid business entity that entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with Defendant B to compensate for property damage to the transaction party by intention or negligence during the mutual aid period from November 15, 2017 to November 14, 2018 is a mutual aid business entity that entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”). C is a person who operates a “F Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”) in Busan-gu, Busan (hereinafter “instant brokerage office”) with a licensed real estate agent’s license lent from Defendant B during the period from November 15, 2017 to July 11, 2018.

3) The Plaintiff is the Busan Jin-gu E and G (hereinafter “instant real estate”) as follows.

B) The Plaintiff is the lessee who leased the instant real estate. (B) Upon the termination of the lease term when the Plaintiff paid the lease deposit of KRW 55 million (hereinafter “previous deposit”) to Hho Lake located on the same building as the instant real estate (hereinafter “previous leased object”), and resided in the said H, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the instant real estate, the lease deposit of KRW 60 million on April 10, 2018, and the monthly rent of KRW 150,000 (the foregoing lease deposit and monthly rent shall be deposited into the account in the name of the instant brokerage office), from April 10, 2018 to April 10, 2020 (2 years).

The instant lease agreement provides that “The instant real estate during the contract period shall be managed by the instant brokerage office, and the deposit at maturity shall be refunded at the instant brokerage office.”

2 The Plaintiff transfers five million won among the above deposit to the account in the name of the instant brokerage office around April 9, 2018, and transfers it to the account in the name of the instant brokerage office.

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