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(영문) 서울중앙지방법원 2017.02.14 2016가단5040050
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 89,926,383 and the interest rate of KRW 15% per annum from December 29, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On February 11, 2014, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, under which the Plaintiff agreed to lease KRW 605 of the aggregate building located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul (hereinafter “instant housing”) owned by Defendant B with Defendant B by setting the lease deposit amount of KRW 90 million and the lease term of KRW 2 years (hereinafter “instant lease agreement”).

(2) At the time of the instant lease agreement, the establishment registration of a mortgage (the maximum debt amount of KRW 57,200,000, the maximum debt amount of which is the mortgagee, and the maximum debt amount of KRW 50,000,000, which is the mortgagee E, was completed.

Accordingly, the Plaintiff and Defendant B stipulated the terms of the instant lease agreement (hereinafter “instant special agreement”) as follows: “The lessor shall maintain the amount of the real obligation of the right to collateral security in preference to KRW 40,000,000,000, and shall cancel the priority on the register and other priority on the register of the company within one month from the date of occupancy. In the event of nonperformance, the lessor shall be held liable for both the expenses of directors and the expenses of the return, and shall be held liable for civil and criminal charges.”

(3) The Plaintiff paid all the lease deposit to Defendant B, and obtained the fixed date at the Dong office having jurisdiction over the date of conclusion of the instant lease agreement and moved to the instant house.

B. While concluding a mutual aid agreement, the Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement with Defendant C to pay the mutual aid money for the damage suffered by the clients due to the mediation act by Defendant C.

C. The Defendant did not implement the instant special agreement, and the auction procedure was commenced with the Seoul Southern District Court F, etc. regarding the instant housing.

The plaintiff made a demand for distribution as a tenant in the above auction procedure, but the issuing authority is Geumcheon-gu Seoul Metropolitan Government Office.

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