손해배상(기)
1. The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff and the period from November 2, 2016 to February 22, 2017.
1. Basic facts
A. Defendant B is a licensed real estate agent operating the D Licensed Real Estate Agent Office located in Seo-gu, Seocheon-gu, Seocheon-gu.
The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement between Defendant B and Defendant B with the content that the Defendant Association would compensate the parties to the transaction for the said damage in the event that Defendant B caused property damage to the parties to the transaction by intention or negligence in performing real estate brokerage.
E is the owner of a multi-household house on the F ground (hereinafter referred to as the “instant house”) in Seo-gu, Seo-gu, Seoan-gu.
B. On July 4, 2014, the Plaintiff entered into a lease agreement with Defendant B, setting the lease term of KRW 304,000,000 as the lease deposit and the lease term from July 25, 2014 to July 24, 2016 (hereinafter “instant lease agreement”).
The plaintiff paid a security deposit to E and resided in the above house around that time.
C. On June 15, 2015, the instant housing and its site came to commence the auction procedure of real estate rent as G in the Daejeon District Court Branch G, Daejeon District Court, and was withdrawn on January 25, 2016. On February 11, 2016, the auction procedure of real estate rent (hereinafter “instant auction procedure”) was re-established in the same court H on February 11, 2016.
The appraised value of the instant housing and its site is KRW 1,095,441,340 as of June 26, 2015.
On October 7, 2016, the instant housing and its site were sold to I for KRW 1.08,895 million. On November 2, 2016, KRW 1,081,381,968, excluding the cost of execution, out of the above proceeds of sale, was distributed to E’s creditors as follows.
D 14,000,000 lessee (small-sum lessee) L 14,000 lessee (small-sum lessee) 1 L 14,000,000 lessee (small-sum lessee) 1 M 14,000,000 lessee (small-sum lessee) 1 N 14,000,000 lessee (small-sum lessee) 14,000,000 lessee (small-sum lessee) 10,000 lessee (small-sum lessee) 10,000,000 lessee (small-sum lessee) 14,000,000 lessee (small-sum lessee) 14,00,000.