손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.
1. Basic facts
A. On April 23, 2009, the Plaintiff entered into a lease agreement with Defendant B, a licensed real estate agent, with the terms and conditions that the Plaintiff shall lease D’s (hereinafter “instant apartment”) for two years from June 30, 2009 to June 30, 201, the lease deposit amount of KRW 180,000 (the lease deposit amount of KRW 18,000,000 on the contract date, the remainder of KRW 162,00,000 on the contract date, and the remainder of KRW 162,00,00,000 on June 30, 200 (hereinafter “instant lease agreement”). At the time of the instant lease agreement, the Defendant B entered into a mutual aid agreement with the Defendant C Association (hereinafter “Defendant Association”) for a period of mutual aid from June 30, 200 to June 30, 200 (hereinafter “the mutual aid agreement”).
B. At the time of the instant lease agreement, the first and second secured mortgage (a total of KRW 186,00,000) was established on the instant apartment. However, D, on May 14, 2009, prior to the payment of the remainder after the conclusion of the instant lease agreement, set up the third secured mortgage (a highest claim amount of KRW 138,000,000; hereinafter “third secured mortgage”) under the name of G Co., Ltd.
C. On June 2, 2009, the Plaintiff paid to D the remainder of the lease deposit amount of KRW 162,00,000 (a contract deposit of KRW 18,000,000 was paid on the date of the contract) and occupied the apartment of this case on the same day, made a move-in report on June 5, 2009, and obtained a fixed date on June 17, 2009.
On September 27, 201, after the expiration of the lease term of this case, the Plaintiff was trying to enter into a new lease agreement, and D was already aware of the establishment of the third priority collective security right on May 14, 2009.
E. After the commencement of individual rehabilitation procedures against D (U.S. District Court Decision 2014Da152391, Nov. 28, 2016), the repayment plan was decided on Nov. 28, 2016. According to the above authorized repayment plan, the Plaintiff’s apartment of this case out of KRW 180,000,000.