손해배상(기)
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 21, 2010, the Plaintiff entered into a lease contract (hereinafter “instant lease contract”) with respect to E apartment units 203 Dong 302 (hereinafter “instant apartment units”) located in C and Namyang-si (hereinafter “instant apartment”) with a deposit amount of KRW 85 million, and transferred KRW 9.00,000 to the Agricultural Cooperative under the name of C as the down payment, and the remainder 76,000,000 won was transferred to the said account on August 31, 2010.
On the other hand, Defendant Minewon Licensed Real Estate Agent Office (hereinafter “Defendant Office”) mediated the conclusion of the above lease agreement as the Plaintiff’s broker, Defendant B as the broker, and Defendant C.
B. According to the instant lease agreement, it clearly stated that the lease contract under Paragraph (1) of the special agreement is a lease contract under the condition of a right to sell in lots, and Paragraph (2) of the same Article states that “a loan of the present facility is scheduled to receive 60% (252,80,000 won = 264,80,000 won x 0.6) compared to 254,80,000 won, and must be maintained until the time of the lessee’s move-in report.” Paragraph (3) of the same Article states that “a lessee shall obtain a move-in report and a fixed date after the completion of the lessor’
C. The Plaintiff completed the move-in report on September 13, 2013, which was after concluding the instant lease contract, and completed the fixed date.
On the other hand, C completed the registration of ownership transfer of the instant real estate on August 31, 2010. On the same day, C concluded the mortgage agreement with Han Bank Co., Ltd., Han Bank, the maximum debt amount of KRW 187,200,000, and completed the registration of ownership transfer of the instant real estate under Article 93630 on the same day. On the same day, C concluded the mortgage agreement with Yong-nam Construction Co., Ltd, the maximum debt amount of KRW 16,270,40 with the maximum debt amount of KRW 16,5759 on October 11, 2010.
E. As to the apartment of this case, the Han Bank.