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(영문) 대전고등법원 2020.07.01 2020나10945
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiffs, which orders payment below, shall be revoked.

Defendant.

Reasons

On August 10, 2013, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant I, a licensed real estate agent, as to the instant building, and the lease deposit amounting to KRW 80,00,00,00 with respect to the instant building, which was the owner of the five-story multi-family house (hereinafter “instant building”) located in Seo-gu Daejeon, Daejeon (hereinafter “instant building”). From September 10, 2013 to September 10, 2015, Plaintiff A entered into a lease agreement (hereinafter “instant lease agreement”) with the term from September 10, 2013 to September 10, 2015.

Plaintiff

A paid 80,000,000 won as lease deposit to H, and at the same time transferred to the above T on September 27, 2013, A obtained a fixed date in the above lease agreement.

Plaintiff

On October 26, 2015, F entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant K, a licensed real estate agent, by setting the lease deposit amount of KRW 80,000,00 as the broker of Defendant K, and the term of lease from October 31, 2015 to October 30, 2017.

Plaintiff

F pays 80,000,000 won for lease deposit to H, and at the same time, transferred on October 30, 2015 to H and obtained a fixed date in the above lease contract.

The Defendant Association concluded a mutual aid agreement with Defendant I, J, K to compensate for the damage suffered by the clients due to the mediation accident of the said Defendants within the limit of KRW 100 million, and prepared a certificate of mutual aid and delivered it to the said Defendants respectively.

The instant building and land are the following: (a) the registration of creation of a lease on a deposit basis with the debtor H, a mortgagee AA association, a maximum debt amount of KRW 975 million (hereinafter “the instant establishment of a lease on a deposit basis”) and the registration of establishment of a lease on a deposit basis of KRW 80 million on May 23, 201 (the cancellation on May 18, 2015), No. 18429, Jul. 29, 201; (b) the registration of establishment of a lease on a deposit basis of KRW 85 million on a deposit basis of KRW 18429,5 million on a deposit basis (the registration of creation of a lease on a deposit basis was cancelled on August 19, 2013); and (c) the registration of establishment of a lease on a deposit basis of KRW 91,91,500,000 on September 26, 2011.

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