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(영문) 광주지방법원목포지원 2016.09.07 2015가단52839

손해배상(기)

Text

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

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

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent running D licensed real estate agents, and Defendant C is an office worker working for the above licensed real estate agent, and Defendant Korea Licensed Real Estate Agent Association is a business entity which has entered into a mutual aid agreement to guarantee liability for property damage caused to the parties to a transaction by intention or negligence while performing real estate brokerage.

B. On May 22, 2012, Defendant C arranged a real estate lease agreement between the lessorF and the Plaintiff with respect to the second floor housing No. 201, 120.6 square meters (hereinafter “instant housing”) among the three-story buildings in Yong-Gun, Chungcheongnam-do, Chungcheongnam-do, Seoul (hereinafter “instant housing”), and drafted a real estate lease agreement with the following details in the name of Defendant B, a licensed real estate agent:

From June 11, 2012 to June 10, 2014, the maximum debt amount of the lease deposit amount of KRW 344,500,000 and KRW 50,000,00 for establishing a right to lease on a deposit basis.

C. At the time of the conclusion of the said real estate lease agreement, a lessor, including the instant housing, was set up a collateral security of KRW 344,500,000 with respect to the said third-story building and its site, and only part of the said third-story building was registered under G in the name of the person having chonsegwon as to the said third-story building.

On September 5, 2014 with respect to the above three-story building including the instant housing and its site, the auction procedure for the replacement of real estate was initiated at H of this court on September 5, 2014, and 241,025,280 won for the said three-story building; 130,235,000 won for the said three-story building; and 1,152,412,680 won for other three-story buildings; and the Plaintiff did not receive dividends, in the order of April 23, 2015, for 315,813,45 won after the said auction goods were sold at KRW 320,220,00, less the execution cost; and the Plaintiff did not receive dividends, such as the total amount of KRW 315,880, and KRW 315,037,565, among the second priority.

[Ground of recognition] dispute.