손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 13, 2012, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to D Apartment 101, 1506, Dong 1506 (hereinafter “instant apartment”) owned by the Government-si, the Plaintiff entered into a lease agreement with the Plaintiff between November 13, 2012, stating that the lease deposit amount is KRW 26,00,000,000, and the lease term is from November 27, 2012 to November 26, 2014, and the Defendant, a licensed real estate agent, arranged the said lease agreement.
B. At the time of the conclusion of the instant lease agreement, the apartment of this case: ① the maximum debt amount of KRW 123,50,000, the debtor C, the debtor C, the mutual savings bank established neighboring to the mutual savings bank, which is the mortgagee C, ② the registration of the establishment of a mortgage, the claimed amount of KRW 9,091,727, the creditor credit card company, ③ the registration of provisional attachment, the creditor credit card company, ③ the claim amount of KRW 16,520,260, and the registration of provisional attachment, the Korean Federation of Credit Guarantee Foundations, the creditor foundation, was completed; and the market price of the apartment of this case was KRW 120,00,000, and the defendant explained to the Plaintiff the status of the completion of the establishment registration of a mortgage
C. On January 10, 2013, upon filing a request for auction by Nando Mutual Savings Bank, Inc., a collateral security right holder, the court rendered a voluntary decision to commence the auction of the instant apartment. D.
In the above auction procedure, the Plaintiff applied for a dividend as a small lessee, and on August 27, 2013, the above court prepared a distribution schedule that distributes KRW 22,00,000 to the Plaintiff in the first order.
E. The F, which was transferred before the transfer of the claim secured by the said collateral security right by the Nando Mutual Savings Bank Co., Ltd. via the Eando Investment & Security Loans, had been subject to the said distribution date, raised an objection to the distribution against the Plaintiff as to the total amount of the distribution amount against the Plaintiff on the said distribution date, and filed a lawsuit of demurrer against the Plaintiff as the District Court Decision 2013No43147.
The court of first instance ruled to dismiss F's claim on December 27, 2013.