손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 23, 2009, the Plaintiff entered into a lease agreement with Defendant B, a licensed real estate agent, under the brokerage of Defendant D, with the content that the Plaintiff would lease the ESF (hereinafter “instant apartment”) owned by D, for two years from June 30, 2009 to June 30, 201, with the lease deposit amount of KRW 180,000,000, for two years from June 30, 201.
(hereinafter “instant lease agreement”). At the time of the instant lease agreement, Defendant B entered into a mutual aid agreement with the Defendant C Association (hereinafter “Defendant Association”) by setting the deduction amount of KRW 50 million and the deduction period from June 24, 2008 to June 23, 2009.
B. At the time of the instant lease agreement, the first-class and second-class collateral security (a total of KRW 186 million) was established on the instant apartment, but D, on May 14, 2009, prior to the payment of the remainder after the conclusion of the instant lease agreement, set the third-class collateral security (a maximum of KRW 138 million) in the name of G Co., Ltd. on May 14, 2009.
C. On June 30, 2009, the Plaintiff paid the remainder of the rental deposit amount of KRW 162 million (the contract deposit of KRW 18 million was paid on the date of the contract) in the presence of Defendant B, without knowing such fact, and occupied the apartment of this case. D.
On September 201, 201, after the expiration of the lease term of this case, the Plaintiff became aware of the fact that D set up a third-class mortgage as above while consulting with D about the conclusion of a new lease agreement. However, the Plaintiff concluded a lease agreement on the same condition as D orally and continued to reside in the apartment of this case without taking any particular measures against D.
E. After the commencement of individual rehabilitation procedures against D (U.S. District Court Decision 2014Da152391, Nov. 28, 2016) with respect to D, the repayment plan was decided on Nov. 28, 2016. According to the above authorized repayment plan, the Plaintiff was paid KRW 82 million in the auction procedure for the instant apartment out of KRW 180,000,000,000, under the premise that the Plaintiff was paid KRW 98,000,000,000,000 won.