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(영문) 수원지방법원안산지원 2017.05.17 2015가단15122

손해배상(기)

Text

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

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

Reasons

1. The following facts may be acknowledged in light of Gap evidence Nos. 1 through 5, Gap evidence No. 7, Gap evidence No. 8, Eul evidence No. 1, and the purport of Gap evidence No. 1, and there are no counter-proofs.

As of May 27, 2014, the registration of preservation of ownership in the name of D was completed with respect to the C building No. 402, 55.21 square meters (hereinafter “the instant real estate”). As of the same day, the registration of ownership was completed with respect to the establishment of a neighboring mortgage (hereinafter “the instant collateral security”) that consists of the debtor D and the debtor D, and the debtor, and the Newcompane Saemaul Bank of Korea (hereinafter “the instant collateral security”). The instant collateral security was a collateral security subject to the joint security of 302, 401, 501 square meters among the instant real estate and C buildings, such as the instant real estate.

B. On August 22, 2014, the Plaintiff entered into a lease agreement (hereinafter “instant agreement”) with the said D to lease the instant real estate with a deposit of KRW 80,00,000,000,000,000 from the time of the instant agreement, and the remainder of KRW 30,000,000,000,000,000,000 in September 30, 2014; however, as a special agreement entered into, the lessor entered into an agreement with the said agreement to register the said remainder as reduction of the principal amount of KRW 7,00,00,000

(hereinafter “instant special agreement”). C.

However, at the time of the contract of this case, E, who was delegated by D with the authority to conclude the sales contract of this case and receive the sales price, actually entered into the contract of this case with the Plaintiff (However, the lessor’s name in the lease contract was stated D only), and Defendant B as a licensed real estate agent, as the broker of this case.

The plaintiff paid 80,000 won for the lease deposit under the contract of this case and moved into the real estate of this case. Upon the request of the above E, the defendant B paid 30,000 won for the lease deposit to E, and the remaining 50,000 won for the lease deposit was constructed.