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(영문) 울산지방법원 2018.04.17 2017가단14207
손해배상(기)
Text

1. The Defendants jointly share KRW 21 million with the Plaintiff, and Defendant B and Defendant C with respect thereto from September 26, 2017.

Reasons

1. Facts of recognition;

A. On October 20, 2014, the Plaintiff, as a broker of Defendant B and C, leased KRW 301,000,000,000 as lease deposit and the lease period until November 10, 2016 (hereinafter “instant lease contract”) among the Dong-gu E (hereinafter “instant housing”) owned by Defendant B and C, and paid the said deposit to D around that time.

B. Defendant C is the trade name of “F Licensed Real Estate Agent Office”, Defendant B is the licensed real estate agent who runs each brokerage business under the name of “G Licensed Real Estate Agent Office” and Defendant C is the licensed real estate agent who runs each brokerage business with Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) from September 2, 2014 to September 1, 2015; Defendant B is the period of mutual aid from October 7, 2014 to October 6, 2015; Defendant C is the period of mutual aid from October 7, 2014 to October 6, 2015; the amount of mutual aid is KRW 100 million against Defendant C by the evidence No. 4; Defendant B is recognized as the fact that the said Defendants did not dispute the said mutual aid limit.

Each of the above defendants C and B entered into a mutual aid agreement with the content that the defendant Association guarantees property damage liability incurred to the parties to the transaction in connection with the above mediation activities.

C. The instant housing and its site are set up a collateral on the basis of the maximum debt amount of 650 million won in the name of the Ulsan Eastdong Credit Union prior to the instant lease agreement. In light of the lease relationship between the instant housing and its site, the deposit amount of 60 million won in 201 (Lessee H), 65 million won in 202 (Lessee I), 302 (Lessee J), 65 million won in 302 (Lessee J), and the deposit amount of 70 million won in 301, 303 (Lessee K), and 40 million won in 303 (Lessee K).

On August 10, 2016, upon the application of J, the instant housing and its site, the procedure for compulsory auction was initiated on August 10, 2016. The appraised value during the said procedure is KRW 711,640,90 for the said housing and land.

E. In the above auction procedure on August 31, 2017, a decision to permit the sale of the instant housing and site was rendered.

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