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(영문) 창원지방법원통영지원 2020.04.23 2019가단23199

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

Basic Facts

On September 30, 2016, the Plaintiff: (a) on September 30, 2016, leased F units of the multi-family house in the fourth floor E (hereinafter “instant house”); (b) from September 30, 2016 to September 29, 2018 (hereinafter “instant lease contract”); (c) around that time, the Plaintiff paid the said lease deposit to D.

On August 22, 2016, Defendant B entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant C Association (hereinafter “Defendant Association”) to guarantee that Defendant B is liable for damages incurred to the parties to the transaction in connection with Defendant B’s intermediary conduct, with the amount of deduction of KRW 100 million and the period of deduction from August 22, 2016 to August 21, 2017, as a licensed real estate agent conducting real estate brokerage business under the name of “G Licensed Real Estate Agent Office”.

Before entering into the instant lease agreement, the maximum debt amount of 390,000,000 won, which is the mortgagee, was set up prior to the conclusion of the instant lease agreement.

A 33,094,335 100% of the dividend dividend (the fixed date) 40,000 L lessee(the fixed date) 50,000,000 L lessee(the fixed date) 50,000,000 5 M M 9,801,5716.34% 16.34% on February 21, 2019, with respect to the instant housing and the land which is the site thereof, a miscellaneous auction was commenced on the registration of the establishment of a new mortgage (the court I; hereinafter referred to as the “instant auction procedure”) on the land that is the instant housing and its site on February 21, 2019.

In the instant auction procedure, the appraised value of the instant housing and the instant land was KRW 583,228,330 as of March 12, 2019.

【Ground of recognition” without any dispute, Gap's 1, 2, 4, 7 evidence, Eul's 2, and the plaintiff's assertion of the purport of the whole pleadings.