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(영문) 서울중앙지방법원 2019.10.17 2018가단5134256
손해배상(기)
Text

1. The Defendants jointly share KRW 22,00,000 with respect to the Plaintiff and the period from August 27, 2018 to October 17, 2019.

Reasons

1. Facts of recognition;

A. On December 14, 2013, the Plaintiff entered into a lease agreement with D Co., Ltd. (former E Co., Ltd.; hereinafter “D”) as the broker of Defendant B, a licensed real estate agent, for the lease deposit amounting to KRW 55,00,000 (contract deposit amounting to KRW 3,000,000,000 at the time of a contract, and the remainder amounting to KRW 52,00,000,00 on January 17, 2014), from January 17, 2014 to January 16, 2016, the lease agreement was concluded between D Co., Ltd. (former E Co., Ltd.; hereinafter “D”).

(hereinafter “instant lease agreement”). The main contents of the instant lease agreement are as follows.

o잔금일 날 신탁말소하고, 임차인 1순위로 확정일자 받는다.

o융자는 없고, 잔금일까지 유지키로 한다.

o계약금은 계좌 이체 한다.

[Account Number E (State) H (GuI) J]

B. Meanwhile, the registration of ownership transfer was completed on February 15, 2013 before the conclusion of the instant lease agreement with respect to the instant real estate on the same day, and the registration of ownership transfer was completed on the ground of the trust in K Co., Ltd. (K Co., Ltd. (hereinafter “K”) (hereinafter “K”).

(hereinafter “instant trust registration”) C.

On December 14, 2013, the Plaintiff remitted the down payment of KRW 3,000,000 under the instant lease agreement to the account under the name of D, and on January 17, 2014, transferred the remainder of KRW 52,000,000 to the account under the name of K Co., Ltd. according to Defendant B’s guidance.

The registration of the instant trust was not cancelled, and the public auction procedure was conducted for the instant real estate, and M Co., Ltd. purchased the instant real estate on June 7, 2019 and completed the registration of transfer of ownership on August 2, 2019.

E. The Plaintiff did not enter into the instant lease agreement with K at the time of entering into the instant lease agreement, and thus, did not have the opposing power under the Housing Lease Protection Act, at all, the lease deposit is not a lessee in the said public sale procedure.

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