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(영문) 대구지방법원 2017.07.21 2016가단42128
공제금
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 January 3, 2012, the Defendant concluded a mutual aid agreement with B, a licensed real estate agent, to pay mutual aid money at the request of the client who suffered financial loss (hereinafter “instant mutual aid agreement”) where B, while performing real estate brokerage as prescribed by the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act, caused property damage to the transaction party by intention or negligence, the Defendant entered into a mutual aid agreement to pay mutual aid money (hereinafter “instant mutual aid agreement”).

B. On August 17, 2012, the Plaintiff entered into a lease contract with the terms of leasing KRW 350 million as the lease deposit, from September 25, 2012 to September 25, 2014, and KRW 4.5 million as the monthly rent (hereinafter “instant lease contract”). On the same day, the Plaintiff paid KRW 150 million as the down payment to C.

At the time of the above lease agreement, C, by September 25, 2012, deleted the right to collateral security in the name of F, set forth in the instant franchise, made a registration of chonsegwon with the second priority, and agreed to deliver the instant franchise to the Plaintiff. However, C, by the date of the agreement, did not deliver the instant cartel by the date of the agreement.

C. On April 26, 2012, the instant cartels filed a provisional registration of the right to claim transfer of ownership under G on April 27, 2012 due to the trade reservation on April 26, 2012. The description of the object of brokerage concerning the instant cartels prepared at the time of the conclusion of the instant lease agreement stated “rights other than ownership” in the column for “provisional registration right-provisional registration right: G/Temporary: April 26, 2012.”

On February 5, 2013, the Plaintiff: (a) around February 5, 2013, “C, B, etc., made a provisional registration under the name of G in the instant franchise; and (b) even though G, a person holding a provisional registration, operates the instant franchise, he/she may conceal such fact and cause the Plaintiff.

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