Text
1.The judgment of the first instance shall be modified as follows:
Defendant C and the Korean Licensed Real Estate Agent Association shall jointly serve as the Plaintiff.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the
2. The plaintiffs' assertion
A. At the time of mediating the conclusion of the first lease contract of this case to the plaintiff A, the defendant C did not explain that the first apartment house of this case was occupied by many lessees due to illegal expansion, remodeling, and alteration of use, and did not explain it. The plaintiff A did not perform the duty of confirmation and explanation as to the existence of senior lessee and the amount of the deposit, etc. so that the plaintiff A could not fully recover KRW 65,000,000 during the first auction procedure of this case.
Therefore, pursuant to Article 30 of the former Licensed Real Estate Agents’ Business Affairs and Report of Real Estate Transactions Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Licensed Real Estate Agent Act”), Defendant C is obligated to pay each Plaintiff A damages equivalent to 80% of the outstanding rental deposit, and damages for delay.
B. At the time of mediating the conclusion of the second lease contract of this case to Plaintiff B, Defendant D did not explain the fact that the second lease house of this case was occupied by a large number of lessees due to illegal expansion, renovation and alteration of purpose of use, and did not explain the existence of senior lessee and the amount of the deposit, etc., so Plaintiff D did not perform its duty to confirm and explain the existence of senior lessee and the amount of the deposit, thereby allowing Plaintiff D to incur damages that could not have been repaid KRW 21,00,000 out of the deposit in the second lease procedure
Therefore, pursuant to Article 30 of the Licensed Real Estate Agents Act, Defendant Seoul Guarantee was concluded with Defendant D in accordance with the insurance contract of this case, and each of the plaintiffs B shall be liable for damages equivalent to 80% of the above unclaimed rental deposit. 16,800.