Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 28, 2011, the Plaintiff entered into a lease agreement between Defendant B and Nonparty C on April 28, 201 with respect to KRW 90 million, and the period from June 3, 2011 to June 2, 2013, with respect to KRW 401 of the multi-family house on the fourth-story D, Seo-gu, Daejeon, Daejeon, which is owned by Nonparty C.
(hereinafter referred to as the instant lease agreement). The Plaintiff paid the said deposit in full, and occupied the aforementioned 401 on June 3, 201, and completed the fixed date on June 9, 201.
B. The above multi-family house consists of five households in total, and was the first household that the Plaintiff first concluded a lease agreement and moved into.
C. On June 19, 2015, the Plaintiff continued to reside with C after the expiration of the lease term, and Nonparty E, the same lessee, applied for a compulsory auction of the said multi-family house on June 19, 2015 to receive the refund of the lease deposit, and the auction was conducted. However, the Plaintiff did not receive any distribution at all in close terms to the lessee of the small amount, senior mortgagee, etc.
Defendant B, as a broker operating G Licensed Real Estate Agent Office in Seo-gu, Daejeon District Real Estate Agent Association, concluded a mutual aid agreement with the Defendant Association on the terms and conditions that the Defendant Association compensates for damages caused property damage to the parties to the transaction in the course of acting as a broker.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6
2. The Plaintiff’s assertion is a licensed real estate agent who has mediated the instant lease agreement, and the Defendant B is obligated to perform brokerage duties requested with the care of a good manager upon application of Article 25(1) of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act (hereinafter “Act”) and Articles 21 and 33(4) of the Enforcement Decree of the Act.
In light of the purport of imposing the duty of explanation to the licensed real estate agent, the broker is as to whether the leased object can be secured when the leased object is sold at auction.