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(영문) 대전지방법원 2017.02.08 2015가단227090

손해배상(기)

Text

1. The Defendants jointly share the Plaintiff with KRW 10 million, and Defendant A with respect thereto from December 23, 2014, and Defendant A.

Reasons

1. Basic facts

A. The Plaintiff filed an application for the provision of rental housing to a person eligible for assistance in rent-lease selected by local governments, etc. pursuant to the Rental Housing Act, the Plaintiff concluded a lease agreement with the housing owner and run a business to lease the housing to the occupants.

B. Defendant A is a licensed real estate agent who runs real estate brokerage business under the trade name of “C Licensed Real Estate Agent Office” in Seo-gu, Seocheon-gu, Seocheon-gu, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity which entered into a mutual aid agreement with Defendant A, a member of the Association, with the content that, in doing real estate brokerage, the transaction party would be liable for damages if the transaction party caused property damage by intention or negligence.

C. On February 4, 2012, the Plaintiff entered into a contract with Defendant A for lease (hereinafter “instant lease contract”) with the second floor E-family house (hereinafter “instant building”) of the Seo-gu, Seo-gu, Seocheon-gu (hereinafter “instant building”) with KRW 40 million, the lease period from February 24, 2012 to February 23, 2014, the lease period from February 24, 2012 to the tenant F, and the lease contract with the tenant F. The fixed date was obtained on February 6, 2012, and F was delivered on February 17, 2012, but the move-in report completed the move-in contract on January 21, 2014.

In the application of the Chang-dong Saemaul Community Depository, a mortgagee of the instant building, the Daejeon District Court G for the preliminary auction of real estate was initiated with respect to the instant building.

The Plaintiff, as a lessee, filed a report on the right and demand for distribution in the above auction procedure. However, on December 22, 2014, the amount of KRW 1,078,531,326, which is to be actually distributed on the date of distribution of the above auction procedure, was not fully distributed to senior creditors, such as a small lessee, a person holding the right to deliver, a fixed date, a lessee with a fixed date, and a mortgagee.

E. Meanwhile, at the time of the instant lease agreement.

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