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(영문) 인천지방법원 2015.08.11 2014가단54327 (1)
손해배상(기)
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. Defendant B is a licensed real estate agent operating D Licensed Real Estate Agent Office in Gyeyang-gu Incheon, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity established to guarantee broker’s liability for damages. The Defendant Association entered into a mutual aid agreement with Defendant B with the amount of deduction of KRW 100 million and the period of deduction from March 24, 2013 to February 23, 2014.

B. On April 26, 2013, the Plaintiff entered into a lease agreement between Defendant B’s broker with respect to KRW 25 million (the remainder of KRW 2.5 million on the date of the contract and the remainder of KRW 2.5 million on May 18, 2013) with respect to the third floor of the building F of Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant real estate”), and the lease agreement between May 18, 2013 and May 17, 2015 (hereinafter “instant lease agreement”). The Plaintiff completed the move-in report of the instant real estate on May 3, 2015, and received the fixed date lease agreement.

C.1) At the time of the instant lease agreement, two of the instant real estate was registered with two of the collateral mortgages (171.6 million won, the establishment registration of the collateral security (17.6 million won, the maximum debt amount of 16.6 million won, the establishment registration of the collateral security company established on April 11, 2013) and one of the provisional attachment decisions (13,827,794 won, the creditor, registered on March 7, 2013). In addition, Defendant B explained this situation to the Plaintiff, and indicated in the instant lease agreement, “a certified copy of the current contract, and a certified copy of the register” as the “right confirmation and explanatory statement” prepared and delivered by Defendant B to the Plaintiff at the time of the instant lease agreement, the said two of the collateral security claims and the amount of the debt claims established on the instant real estate and the creditor and the amount of the provisional attachment.

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