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(영문) 서울중앙지방법원 2015.06.05 2014가합46735
손해배상등
Text

1. The Defendants jointly share KRW 72,500,000 to the Plaintiff and Defendant B with respect thereto from September 18, 2014.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent running the D Licensed Real Estate Agent Office in Seongbuk-gu, Sungnam-si.

The defendant Association is a mutual aid business entity that entered into a mutual aid agreement with the defendant B to assume responsibility within the limit of KRW 100 million where the defendant B bears liability for damages related to the act of brokerage with the client.

B. At the time of August 1, 201, the Plaintiff, as the broker of Defendant B, leased the lease deposit of KRW 201,000,000,000,000, and the lease term of September 30, 2013 (hereinafter “the lease of this case”), between Defendant B and E, the owner of the F-based Ground Housing and Commercial Building (hereinafter “the building of this case”). The Plaintiff completed the move-in report on October 6, 201 and obtained a fixed date.

C. On November 7, 2013, at the request of the Jeju Bank, which is a mortgagee, the instant building and its site, the auction procedure was initiated three times, and it was awarded on August 4, 2014. On October 30, 2014, KRW 1,163,17,682, excluding execution expenses, etc., out of the proceeds of sale, was distributed to creditors.

At the time of the voluntary auction, the major lease status of the building of this case is as listed below.

On July 1, 2013, the fixed date of the move-in report for the lease deposit for a lessee of a preferential housing unit shall be KRW 150,000,000,000 from the date of the move-in report for the lease deposit for a lessee of a preferential housing unit, KRW 2,50,000 on April 3, 2011, KRW 145,000,000 on April 3, 2011, KRW 201,000,000 on October 6, 201, KRW 18,000,000 on August 5, 2012, KRW 301,00,000 on August 5, 2012, KRW 201, KRW 18,000,000 on May 31, 203, 2013

Distribution of the above proceeds of sale was made as shown in the following table (unit: source).

The Plaintiff did not receive any distribution at all due to the order of priority among other tenants G and H.

G 1 G 12,556,6037,443,397 20,000,000 small-sized lessee 2, the Seoul Song District Court 449,464.

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