손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 10, 2016, the Plaintiff entered into a lease contract with respect to officetels No. 1702, Seo-gu, Daejeon (hereinafter “instant real estate”) owned by C and C (hereinafter “instant real estate”), with the content that “the lease contract amount of KRW 450 million (the remainder of KRW 45 million shall be paid as August 12, 2016 when entering into the contract”) and the term of the lease from August 12, 2016 to August 11, 2018 (hereinafter “instant lease contract”). The said lease agreement entered into with a practicing licensed real estate agent and the lessee into a lease contract with the content that “it shall not be liable due to his/her nonperformance of this contract,” and the content that “the lessor shall not be liable for the establishment of a joint lease agreement with the lessor and the lessee shall be reduced of KRW 150 million among the present registered matters, and the special agreement for the establishment of a lease (hereinafter “the special agreement”).
Defendant B mediated the instant lease agreement as a licensed real estate agent.
B. On July 10, 2016, the Plaintiff paid C a total of KRW 10 million on August 5, 2016, and KRW 100 million on August 13, 2016, as part of the lease deposit under the instant lease agreement. On August 2016, the Plaintiff occupied the instant real estate and occupied and used the instant real estate after having occupied it on or around August 2016.
As stated in subsections, the instant real estate was sold at the auction procedure, and it was withdrawn from the auction on May 2018.
C. At the time of the conclusion of the instant lease agreement, the right to collateral security was established as follows.
On May 1, 2017, the New Bank applied for a voluntary auction on the instant real estate to E in this Court. On January 23, 2018, the instant real estate was sold to Ebox ELB, Inc. for KRW 574 million, and the Plaintiff did not receive any distribution in the said auction procedure.
On September 10, 2015, there is no new bank Co., Ltd. 600 million won on September 10, 2015.