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(영문) 서울남부지방법원 2015.09.24 2015가단22544

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 25, 201, the Plaintiff, under the brokerage of Defendant B, as a licensed real estate agent, entered into a lease contract with C to the effect that the deposit for the lease of 301 (hereinafter “instant real estate”) is KRW 60 million on the date of the contract, and the remainder of KRW 54 million on July 4, 201, and the lessor delivers the object to the lessee by July 4, 201, and the lease term was from July 4, 201 to July 4, 2013 (hereinafter “instant lease contract”).

B. At the time of the instant lease agreement, the establishment registration of a mortgage in the name of the long-term Saemaul Savings Depository, the maximum debt amount of which is KRW 91 million, was completed, and the Plaintiff’s transfer was required to pay the remainder. Accordingly, the instant lease agreement was concluded between the Plaintiff and C who is a party to the instant lease agreement and the Plaintiff who is a party to the instant lease under the intermediation of Defendant B, and thus, the instant lease agreement is a condition that the loan created as of February is registered at the remainder below KRW 35 million (based on principal)

3. The lessor shall consent to the withdrawal of the former household by the lessee;

'The content was added'.

C. At the time of the contract, the instant real estate was a public room, and the Plaintiff occupied the instant real estate under Defendant B’s brokerage prior to the payment date of the remainder, and on July 4, 201, the remainder payment date, the Plaintiff borrowed KRW 42 million from the Bank of Korea to the lessor’s account, and deposited the remainder of KRW 12 million in the brokerage office of Defendant B, and Defendant B paid the remainder of KRW 12 million to C at the brokerage office, and Defendant B signed the receipt form printed by Defendant B as the receiver. While the remainder payment was made, C did not lower the amount of the claim secured by the right to collateral security established on the instant real estate as the special agreement.

On April 25, 2014, the latter, on April 25, 2014, the Korea Saemaul Depository applied for the auction of real estate in relation to the instant real estate, and E on February 24, 2015.