손해배상 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. C on August 13, 2009, from the Japanese Industrial Development Co., Ltd., Ltd., D, 101 Dong 1703 (hereinafter “instant apartment”) was sold in lots.
B. On April 15, 2010, the Plaintiff concluded a lease agreement with C’s agent E with respect to the instant apartment as of April 15, 2010, which is stipulated from April 20, 2010 to April 20, 2012, the Plaintiff stated in the contract as a special agreement that “the Plaintiff will complete simultaneous registration as of the occupancy date, since it is a parcelling-out status,” and that “a loan is confirmed to have 60% (237 million won)” and “a loan is confirmed to have a special agreement.”
C. The Plaintiff paid 8,00,000 won among the above deposit on the date of the contract, and the remainder to C’s agent E on April 20, 2010, in full, and received delivery of the apartment of this case around that time.
C On April 22, 2010, upon completing the registration of ownership transfer for the apartment of this case, C completed the registration of ownership transfer to the National Bank of Korea, and at the same time completed the registration of ownership transfer for the apartment of this case to the National Bank of Korea.
E. On May 10, 2010, the Plaintiff made a move-in report on the instant apartment, and obtained a fixed date in the lease contract on the same day.
F. On October 14, 2013, the apartment of this case started a voluntary auction based on the foregoing right to collateral security and sold it to F on August 14, 2014.
【Ground for recognition】 Evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The judgment on the cause of the claim was directed by the plaintiff that the registration of the establishment of a mortgage should be executed after the completion of the auction procedure even though the plaintiff did not attach his power of delegation or certificate of personal seal in the mediation of the apartment lease contract of this case. ② The time of the registration of ownership transfer was not stated in the contract, ③ the time of the registration of ownership transfer was not stated in the contract. ③ The plaintiff did not sufficiently explain the loan of the bank, ④ the transfer report and the fixed date was recommended to be implemented as soon as possible.