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(영문) 서울중앙지방법원 2015.03.20 2014나53539
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 20, 2012, the Plaintiff entered into a lease contract between Bupyeong-gu Incheon Metropolitan Government D apartment 207 Dong 803 (hereinafter “instant apartment”) with respect to KRW 24,00,000 (payment on September 5, 2012, the remainder of the contract amounting to KRW 2.5 million on the date of the contract, the remainder of KRW 2.5 million on the date of the contract, and the remainder of KRW 2,1.5 million on the date of September 5, 2012), between September 5, 2012 and September 4, 2012 (hereinafter “instant lease contract”), and the Defendant, a licensed real estate agent, arranged the said lease contract.

B. At the time of the instant lease agreement, the instant apartment was registered with the fourth right to collateral security (the sum of the maximum debt amount No. 1, 22,1.2 million won, 2, 39 million won, 3, 78,000 won, 4, 5.2 billion won, and 5.2 million won) and 5 provisional attachment order on the instant apartment at the time of the instant lease agreement. The Defendant explained this situation to the Plaintiff, and clearly stated that the instant lease agreement is “a contract in the current state of registry”.

C. On September 11, 2012, according to the request for auction by the Korea Housing Finance Corporation, a mortgagee, the apartment of this case was voluntarily decided by the Incheon District Court E. D.

In the above auction procedure, the Plaintiff applied for a dividend as a small lessee, and on May 29, 2013, the above court prepared a distribution schedule with the purport that the Plaintiff distributes KRW 20,000,000 to the Plaintiff.

E. The Korea Housing Finance Corporation, on the date of the said distribution, raised an objection to the distribution against the Plaintiff regarding the full amount of the dividend on the said date, and filed a lawsuit of demurrer against the Plaintiff under Incheon District Court Decision 2013Da215651.

On September 25, 2013, the above court rendered a judgment that revoked the instant lease agreement and deleted KRW 20,000,000 distributed to the Plaintiff and distributed it to the Korea Housing Finance Corporation on the ground that the conclusion of the instant lease agreement with C, the Plaintiff’s debt excess status, would constitute a fraudulent act.

F. The instant case.

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