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(영문) 서울고등법원 2016.08.24 2016나2009252

손해배상(기)

Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The Plaintiffs’ outlined the Plaintiffs’ claim: (a) partially leased a multi-family house through the brokerage of Defendant F; (b) was unable to recover all or part of the leased deposit due to the existence of prior security rights and the right to preferential reimbursement during the process of disposing of the leased object by auction.

Accordingly, the plaintiffs seek compensation for damages against the above defendant among real estate property, and seek payment of mutual aid money from the defendant Korean Licensed Real Estate Agent Association (hereinafter "Defendant Association") which entered into a mutual aid agreement with the above defendant.

2. Basic facts

A. The Plaintiffs, who entered into a lease agreement by Defendant F’s brokerage, concluded a lease agreement with I as follows with regard to the following units of the H building, which is a multi-family house of the fourth floor and the first floor underground, located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “H multi-family house”), and reside within the initial contract period or the renewed contract period.

The Plaintiffs completed the move-in report and received a fixed date with respect to each of the above lease agreements as follows.

Serial 1: (a) the fixed date of the first period of transfer of deposit subject to a contract of Plaintiff A, the date of which ends on May 21, 201; (b) KRW 60 million on June 27, 201; and (c) KRW 60 million on May 16, 2013, Plaintiff B, January 18, 2012, KRW 160,000,000 on January 20, 2015, January 20, 2013; and (d) Plaintiff C, January 20, 2015, 200 KRW 1075,00 on January 30, 2015, 200 on January 20, 2015, Plaintiff C; and (e) KRW 105,000,000 on March 28, 2012, Plaintiff 205, May 26, 2014

1) On February 4, 2010, the registration of the establishment of a mortgage in the H multi-family house was completed, 4526, the debtor, the owner of the right to collateral security, and the maximum debt amount of KRW 1,020,000,000, which is the right to collateral security, as well as the auction procedure. 2) On the H multi-family house, the Plaintiff leased the above 501 room.