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(영문) 인천지방법원 2016.07.19 2015가단212793
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent operating the D Licensed Real Estate Agent Office located in Orcheon-gu, Ocheon-si C, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity established to guarantee the broker’s liability for damages. The Defendant Association concluded a mutual aid agreement with Defendant B during the mutual aid period from January 28, 2012 to January 27, 2013.

B. On May 24, 2012, upon introduction by Defendant B, the Plaintiff concluded a lease contract (hereinafter “instant lease contract”) with respect to Nonparty E and Plaintiff Nos. 103, G Apartment No. 103, Dong-gu, Incheon (hereinafter “instant real estate”) on May 24, 2012, setting the lease deposit amount of KRW 24,00,000 (the contract deposit amount of KRW 22,000,000 shall be paid each on the date of the contract, the remainder of KRW 22,00,000 until June 7, 2012), from June 7, 2012 to June 6, 2014, and completed the move-in report on June 7, 2012, and obtained the fixed date on the same day.

C.1) At the time of the instant lease agreement, the instant real estate was registered as one collateral (the establishment registration of a collateral security company, Solomon Mutual Savings Bank, Solomon Mutual Savings Bank, 236,600,000 won) and two provisional registrations (the registration of establishment of a collateral security (the maximum debt amount of 236,60,000 won) and one provisional attachment registration (the registration of the creditor Incheon Credit Guarantee Foundation’s claim amount of 25,920,000 won, registered as of December 26, 2011) and one provisional attachment registration (the provisional attachment registration of 3,619,71 won, which was registered as of February 20, 2012, in Dong-gu, Incheon Metropolitan City), and the one attachment registration (the attachment of the right holder of the right registered as of January 5, 2012) were explained to the Plaintiff. The Defendant B stated the same situation as the foregoing paragraph (1) in the instant lease agreement, and entered the following as “a lessee’s copy of the register and its confirmation.”

Afterward, the Korea Deposit Insurance Corporation of Solomon Savings Bank, Inc., is about the real estate of this case.

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