beta
(영문) 대전지방법원홍성지원 2019.09.24 2018가단7993

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B and C jointly share KRW 15,000,000 and their related thereto from January 26, 2019 to September 24, 2019.

Reasons

1. Basic facts

A. The Defendants’ position 1) Defendant C is a licensed real estate agent engaging in real estate brokerage business under the trade name of “F” located in Chungcheongnamnam Budget Group E, and Defendant B is a brokerage assistant of Defendant C. 2) Defendant D Association (hereinafter “Defendant Association”) agreed with Defendant C to pay mutual aid money for the client’s damages incurred by the broker due to the broker’s accident of Defendant C, and Defendant C issued a certificate of mutual aid to Defendant C, stating that it would pay mutual aid money within KRW 100 million for the mutual aid accident occurred during the period from August 24, 2015 to August 23, 2016.

B. On September 19, 2015, the Plaintiff entered into a lease agreement following the mediation of Defendant B and C (hereinafter “instant real estate”) with the broker of Defendant B, a brokerage assistant of Defendant C, as indicated in the attached Table 1 (hereinafter “instant real estate”).

B) As between G and G, the instant real estate is leased by setting the lease deposit amount of KRW 50 million, the lease term from October 2, 2015 to October 1, 2017 (hereinafter “instant lease agreement”).

(2) On October 26, 2015, G concluded the instant lease agreement and completed the registration of creation of chonsegwon with the secured claim of KRW 50 million to the Plaintiff on October 26, 2015.

C. At the time of September 19, 2015, when the right to the instant real estate was changed and the Plaintiff’s damage was incurred. At the time of the conclusion of the instant lease agreement, the instant real estate was subject to the establishment of the first priority collective security right, which caused 88,400,000 (the maximum debt amount) and the first priority collective security holder and the first priority collective security holder, causing 50,000,000 won. Of them, the registration of creation of the first collective security right was cancelled on September 21, 2015, on the first priority collective security right in the name of the Daejeon District Court for the commencement of voluntary auction on the instant real estate, and completed the registration of commencement of voluntary auction on January 11, 2017. The instant real estate was sold to K on January 3, 2018 through the voluntary auction procedure.

and below, and above.