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(영문) 대구지방법원 2021.01.22 2019가단151092

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 33,00,000 and for this, 5% per annum from May 8, 2020 to January 22, 2021.

Reasons

1. Facts of recognition;

A. On August 17, 2017, the Plaintiff entered into a lease agreement as follows (hereinafter “instant lease agreement”) with E, the owner of the leased object, as a broker by Defendant C, as well as Defendant C. On the same day, the Plaintiff paid KRW 2 million out of KRW 50 million on the same day, respectively, on September 10, 2017.

The leased object: F Building G of the Gyeong-si in the Gyeongbuk-si in the Gyeongbuk-do (the whole building containing this part shall be a multi-family house; hereinafter referred to as the "building in this case").

The name and address of the road is indicated in the instant lease agreement as “Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si,” which seems to be a clerical error in the instant lease agreement.

Deposit for lease: The rent for the monthly rent of KRW 50 million: There is no rent, and the management fee for the period of KRW 50,000 (payment from the date of occupancy): 24 months from September 10, 2017 to September 9, 2019

B. On September 10, 2017, the Plaintiff was handed over the leased object.

The final date was received on August 17, 2017, and the move-in report on the same day was made as “H and G Ho-si in Gyeongbuk-si in the above contract.”

(c)

Defendant B purchased the instant building from E on September 12, 2017, and succeeded to the lessor’s status after completing the registration of ownership transfer on October 25, 2017.

(d)

The leased object of this case is part of the multi-family house, and prior to the lease agreement of this case, the right to collateral security, which is the J union and the maximum amount of the claim amount of 624,00,000 won (the principal of the loan is KRW 476,00,000), was established.

On August 5, 2019, the registration of the entry of the decision of voluntary commencement of auction (Seoul District Court case) was completed on August 5, 2019 with respect to the instant building (including land) upon a request for voluntary auction by the mortgagee.

In the above voluntary auction procedure, the building of this case was sold in KRW 571,00,000, and eight small lessees received each of the 17,000,000 small amount of deposit, and the highest priority lessee did not receive the distribution in accordance with the preferential repayment right.

The JJ union has received only 83.14% of the amount of credit as the person who applied for voluntary auction.