beta
(영문) 대전지방법원 2014.07.15 2013가단209081

손해배상(기)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 28,00,000 and Defendant B with respect thereto from June 27, 2013.

Reasons

1. Facts of recognition;

A. On June 10, 201, the Plaintiff entered into a lease agreement with Defendant B, a licensed real estate agent, for the lease deposit of KRW 70 million and the lease period of KRW 70 million from June 19, 201 to June 18, 2013 with respect to the multi-family house in Seo-gu, Daejeon (hereinafter “instant multi-family house”) located in C and Seo-gu, Daejeon (hereinafter “instant multi-family house”), and paid KRW 70 million to C.

B. On June 22, 2011, the Plaintiff completed the move-in report with the instant multi-family house, and completed the fixed date on the same day.

C. Meanwhile, at the time of the instant lease agreement, the instant multi-family house had priority over the Plaintiff, E, F, and G with the fixed-date lessee, and there was H, I, J, and K as the small lessee under the Housing Lease Protection Act.

However, while mediating the instant lease agreement, Defendant B stated that “the maximum amount of claims:390,000,000 won, debtor: C, and mortgagee: New B: 304, 304, 304, 55,000,000 won for lease on a deposit basis,” and “the registration of establishment of a chonsegwon, 304, 55,000,000 won for lease on a deposit basis,” but “the matters regarding the rights of the items that are not related to the actual rights or are not publicly notified” was prepared in a public column and delivered

E. At the request of the New B/L Credit Cooperatives for the mortgagee of the right to collateral security, the auction procedure for the instant multi-family house was initiated under this court L. The instant multi-family house was sold in KRW 596,88,000.

F. On June 27, 2013, the court of execution shall distribute the distribution schedule to H, I, J, and K the amount to be actually distributed on June 27, 2013, KRW 593,958,92, KRW 17,000,00 each among the amount to be distributed to H, I, J, and K, and the second order to the Seo-gu Daejeon Metropolitan City, Daejeon, the second order to distribute KRW 896,50,00, KRW 372,147,121 to the creditor New Carbon Credit Union, the third order to the creditor New Carbon Credit Union, the fourth order to pay KRW 72,00,000 to the lessee of the fixed date E, the fifth order to pay KRW 72,00,000 to the lessee of the fixed date, and the sixth order to pay KRW 8,915,301 to the lessee of the fixed date.