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(영문) 광주고등법원 2016.08.19 2015나15107

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent operating the “D Licensed Real Estate Agent Office” in Seo-gu, Gwangju.

B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant B, the mutual aid amount of which is KRW 100 million, and the period of mutual aid from December 22, 2012 to December 21, 2013, where Defendant B caused property damage to a transaction party due to intention or negligence in performing real estate brokerage, the Defendant Association entered into a mutual aid agreement with the transaction party to compensate for the said damage within the scope of the amount of mutual aid.

C. On April 24, 2013, the Plaintiff entered into a contract with Defendant B on the lease deposit of KRW 300 million, monthly rent of KRW 11 million, and the lease term from April 26, 2013 to April 25, 2015 (hereinafter “instant lease contract”). The Plaintiff paid KRW 300 million to F by April 26, 2013.

Of the real estate listed in Attachment List No. 2 (hereinafter “the instant building”), the registration of seizure in the name of Seo-gun (hereinafter “registration of seizure”) was completed as of January 9, 2013 on the title of the Gwangju District Court No. 429, which was received on January 9, 2013, among the real estate listed in Attachment List No. 970/100 of the instant building (hereinafter “instant building”), and the Plaintiff, on April 26, 2013, conducted accommodation business with the name “GMocom” from the instant building after completing the registration of creation of chonsegwon as of April 26, 2013.

E. On February 12, 2014, at the request of the National Federation of Fisheries Cooperatives, which is a collateral security right, with respect to each real estate listed in the separate sheet, the voluntary auction procedure was initiated with Gwangju District Court H on February 12, 2014. In the above auction procedure, each of the said real estate was sold at KRW 1,900,890,000 for 1,90,000.

(f) in the above auction procedure.