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(영문) 서울중앙지방법원 2016.07.20 2015가단117354
손해배상 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2013, the Plaintiff, as a broker, leased (hereinafter “instant lease contract”) the three-story E-story detached houses on the ground (hereinafter “the instant multi-family house”) from D on March 18, 2013 by setting the lease deposit of KRW 70 million, and from March 23, 2013 to March 22, 2015, the Plaintiff completed the move-in report for the 22th day of the same month and obtained the fixed date of the lease contract, and moved into D by paying the deposit of KRW 70 million to D by the 23th day of the same month.

B. The Incheon Livestock Cooperative, the mortgagee of the instant multi-family house, filed an application for the auction of the instant multi-family house with the Suwon District Court F, and the said court rendered a voluntary decision to commence the auction on May 16, 2014. In the instant auction procedure, the appraisal value of the instant multi-family house was KRW 948,609,200, but the Plaintiff was not paid dividends at all because it was sold at KRW 800,000, and the sales price and interest thereon was the sum of KRW 364,531, the sum of KRW 6,601,390, the remainder of KRW 793,763,141, excluding KRW 6,60, and KRW 364,531, as shown in attached

C. Until now, the Plaintiff failed to refund the lease deposit under the instant lease agreement from D, and D is not sufficiently capable of repaying the Plaintiff.

At the time of the instant lease agreement, senior lessees were residing in the instant multi-family house as shown in the attached Table 2, and the instant multi-family house was 6 households in total, each of 1,2, and 3 floors at the time of the building permit, but thereafter, the instant multi-family house was unlawfully modified and became 14 households in total, each of 1,2, and 3 floors at the time of the instant lease agreement.

E. On August 9, 2012, the Defendant Korean Licensed Real Estate Agent Association: (a) the amount deductible with Defendant B on August 9, 2012; (b) the period from September 3, 2012 to September 2, 2013; and (c) the property of Defendant B, either intentionally or by negligence, with respect to the conduct of real estate brokerage.

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