손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. Defendant B is a licensed real estate agent who completed the registration of establishment of the “D Licensed Real Estate Agent Office”.
The Defendant Association entered into a mutual aid agreement with Defendant B to compensate for not more than KRW 100,000,000, where the Defendant Association caused property damage to the client, either intentionally or by negligence, in performing real estate brokerage activities from December 27, 2015 to December 26, 2016.
(hereinafter “instant mutual aid contract”). (b)
On June 20, 2016, the Plaintiff, as the broker of Defendant B, leased the multi-family house of 4th floor F in Daejeon-dong-gu, Daejeon (hereinafter referred to as the “instant building”) with the lease deposit of KRW 130,00,000, and the lease term of KRW 130,000, and from July 4, 2016 to July 3, 2018.
(hereinafter “instant lease agreement”). C.
Of the description of confirmation of the object of brokerage attached to the instant lease agreement, the term “matters of rights other than ownership” includes the purport that the right to collateral security is established with a maximum debt amount of KRW 546,000,000. The term “matters of the right to the object which is not publicly announced in relation to the real right” includes “the building of this case is under the process of handling the application for registration of the destruction of the building and the preparation of a contract based on the building ledger.
At the time of the instant lease agreement, the right to collateral security was established, which is a maximum debt amount of 546,00,000, for the instant building.
On June 20, 2016, the Plaintiff completed the move-in report with the delivery of the instant building G units, and received a fixed date in the instant lease contract on the same day.
I leased the instant building J to KRW 60,00,000 on June 16, 2016, but the move-in report and the fixed date were made as of June 21, 2016, and there was no lessee who had the move-in report and the fixed date in preference to the Plaintiff with respect to the instant building.
E. On September 10, 2018, upon the application of the HH association, which is the right to collateral security, the building of this case to K in this Court.