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(영문) 청주지방법원 2017.02.01 2016가단107011
손해배상(기)
Text

1. Defendant B’s KRW 45,00,000 and interest rate of KRW 15% per annum for the Plaintiff from February 2, 2017 to the date of full payment.

Reasons

1. As to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. As to the defendant C and the Korean Licensed Real Estate Agent Association

A. On March 12, 2016, the Plaintiff entered into a lease agreement with Defendant B, setting the deposit amount of KRW 202,38.58 square meters (hereinafter “instant dispute building”) among the buildings listed in the attached list owned by Defendant B (hereinafter “instant building”) as indicated in the attached list owned by Defendant B, as of March 12, 2016, and leased the instant building as of March 29, 2018.

Defendant C is a broker who has arranged the above lease contract at the request of the Plaintiff, and the Defendant Korea Licensed Real Estate Agent Association is a mutual aid contractor who has entered into a mutual aid agreement with Defendant C to compensate for damage caused by a brokerage accident during the period of mutual aid (from June 16, 2015 to June 15, 2016).

The registration of creation of a mortgage over D’s maximum debt amount of KRW 416 million in the name of the Cheongju National Credit Union, and KRW 70 million in the name of D’s maximum debt amount, on the instant building and its site, was prior to the auction of the instant building and its site.

The deposit for lease on the building of this case is KRW 223 million including the Plaintiff’s deposit for lease of KRW 45 million ( KRW 201: KRW 35 million; KRW 202: KRW 45 million; KRW 203: KRW 45 million; KRW 301: KRW 30 million; KRW 302: KRW 300,000; KRW 303,000; KRW 303,000; KRW 65 million.).

After that, on April 21, 2016, on the application of Nonparty E, the creditor of the lease deposit of Defendant B, the procedure for compulsory auction (F) was initiated on the building of this case.

The appraised value of the instant building and its site was KRW 434,398,860 (the base date of May 9, 2016), and the bid price of KRW 434,450,00 was sold on January 6, 2017.

Ultimately, in the auction procedure, the plaintiff is 15 million won each of the highest repayment amount of each of the above-mentioned collateral security holders (the claimed amount: the Cheongju Credit Union KRW 334,467,399, D70,000) and the small-sum lessee G (the lease deposit KRW 35 million), and H (the lease deposit KRW 30 million).

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