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(영문) 서울중앙지방법원 2021.03.23 2020가단5185394
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff with KRW 60 million, and Defendant B with respect thereto from July 23, 2020, and Defendant B.

Reasons

1. Facts of recognition;

A. On July 3, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to F, among D and the multi-family houses with the size of 4 stories above the ground of Gwanak-gu in Seoul Special Metropolitan City E (hereinafter “multi-family houses”) as the broker of Defendant B (hereinafter “instant multi-family houses”) with the terms of the lease deposit of KRW 120 million and the period from August 4, 2018 to August 3, 2020. The Plaintiff paid all the deposit and received the said F subparagraph from August 4, 2018, and received the move-in report and the date of confirmation on August 6, 2018.

B. In the “legal relationship” column of the statement and statement on confirmation of object of brokerage prepared and delivered by Defendant B to the Plaintiff at the time of entering into the instant lease agreement (hereinafter “the statement on confirmation of object of brokerage of this case”), the phrase “rights relationship” states that “the maximum amount of G association’s claims is set up at KRW 1,200,000,000 with respect to rights other than ownership,” and the phrase “the matters concerning the rights of objects that are not actually related to legal relations or are not publicly announced,” is written as “the next explanation, which is about KRW 50,000,000,0

(c)

At the time of the conclusion of the instant lease agreement, the registration of the establishment of the right to collateral security was completed on May 15, 2017, in relation to the instant multi-family house and its site of the mortgagee G association, the maximum amount of claims 1,200,000,000.

At the time of entering into the instant lease agreement, many lessees were residing in the instant multi-family house as the instant multi-family house prior to the Plaintiffs, but the aggregate of the deposit amounts of lessees, who first moved in the instant multi-family house and had the date of move-in or confirmation, was at least KRW 2.75 billion.

(d)

On June 17, 2019, the auction procedure was commenced on the instant multi-family house and its site upon the application of the G Union from the person holding a right to collateral security.

In the above auction procedure, each of the above real estates was assessed as KRW 3,930,652,080 on July 2019, and sold to KRW 3,930,652,00 on July 7, 2020.

In the above auction procedure.

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