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(영문) 서울중앙지방법원 2021.03.16 2020가단5074050
손해배상(기)
Text

The Plaintiff

A. Defendant C shall be limited to KRW 39,477,212 within the scope of the property inherited from Da, and shall be subject thereto.

Reasons

1. Facts of recognition;

A. The status of the party is that the Plaintiff is the lessee of the Bupyeong-gu Incheon Bupyeong-gu E Building F (hereinafter “the instant loan”) owned by D, the Defendant Association entered into a mutual aid agreement with the authorized broker G (former H) and the broker who suffered damage due to G’s brokerage accident, and the Defendant C is the child of D with the content that the mutual aid agreement shall be paid within the limit of KRW 100 million for compensating the client who suffered damage due to the brokerage accident.

B. On December 10, 2019, the Plaintiff entered into a lease agreement with the Defendant C on behalf of D under the brokerage of G on December 10, 2019, concluded a lease agreement with the term of lease from December 21, 2019 to December 20, 2021 (hereinafter “instant lease agreement”) and paid the lease amount of KRW 85 million to the term of lease from December 21, 2019 to December 20, 2021.

2) On December 19, 2019, according to the I’s compulsory auction application, D’s creditor of the decision to commence compulsory auction, on December 19, 2019, on December 19, 2019, the decision to commence compulsory auction of real estate and the registration of entry thereof was made by the J of the Incheon District Court.

3) On December 20, 2019, the Plaintiff, including the payment of the remainder on December 20, 2019 and the move-in report on December 24, 2019, deposited the remainder of the lease deposit KRW 76.5 million into G’s bank account on December 20, 2019, and G wired the said money following the following day to the former lessee of this case.

On December 21, 2019, the Plaintiff received the instant loan from the Plaintiff, and made a move-in report on December 24, 2019, and received the date fixed in the instant lease agreement.

(c)

On December 30, 2019, such as D’s death and Defendant C’s limited approval of inheritance (hereinafter “the deceased”), Defendant C filed an inheritance limitation approval with the Incheon Family Court 2020 on March 15, 2020, and the rest of the deceased except the above Defendant C filed each report on the renunciation of inheritance. On March 30, 2020, the adjudication accepting each of the above reports was conducted.

(d)

On May 25, 2020, the Plaintiff’s non-prosecution decision against Defendant C was fraudulent on March 1, 2020.

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