logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2016.09.02 2015가단13398
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 27, 2013, the Plaintiff concluded a lease agreement (hereinafter “the lease agreement of this case”) with the Defendant, a licensed real estate agent, with respect to the D Apartment 115-dong 803 (hereinafter “instant apartment”) as the “Deposit 120,000,000, down payment of KRW 9,000,000 (payment on the day of the contract), and the remainder of KRW 111,00,000 (payment on August 30, 2013).”

B. At the time of the lease contract of this case, the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage”) around the first class of “187,200,000 won for the instant apartment,” and the establishment of a mortgage (hereinafter “registration of creation of a mortgage on the first class of claims”) around “22,10,000 won for the highest amount of claims, the debtor C, and the first class of “social Co., Ltd., Ltd., Ltd., the debtor C, and the mortgagee Korea,” respectively, was completed with respect to the instant apartment.

C. Accordingly, at the time of the instant lease agreement with the Defendant, the Plaintiff entered into a special agreement with the Defendant that “The amount of KRW 187,200,000 (the maximum debt amount of the loan amount of KRW 22,100,000 (the Korean Housing Finance Corporation) plus the remainder of the debt amount of KRW 22,100,000 (the loan amount of KRW 187,200) shall remain at the remainder of the

The Plaintiff paid C the down payment of KRW 9,00,000,000 on the day of the instant lease contract, and transferred the remainder of KRW 111,00,000 to the account in the name of the apartment tenant of the instant apartment on August 30, 2013 (hereinafter “the remainder”).

E. Meanwhile, on the other hand, the Korea Housing Finance Corporation applied for the auction of real estate rent on the instant apartment site E in Suwon District Court (hereinafter “instant auction”). On December 17, 2015, the Korea Housing Finance Corporation distributed KRW 389,380 (Order 1), 187,200,000 to the Korea Housing Finance Corporation (order 2 of mortgagee), and KRW 18,975,408 to the social stock company (order 3 of mortgagee), and KRW 64,767,135 to the Plaintiff.

[Reasons for Recognition] Parties.

arrow