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(영문) 창원지방법원 2015.08.28 2013가단25647
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. Under the trade name of “C,” Defendant B is a licensed real estate agent operating real estate brokerage business, and entered into a mutual aid agreement with Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) with the content that the amount of the mutual aid is KRW 100 million, and the period of mutual aid from July 14, 201 to July 13, 201 when Defendant B engaged in real estate brokerage and caused property damage to a transaction party due to intention or negligence, the Defendant Association would compensate for the damage within the limit of KRW 100 million.

On August 14, 2010, the Plaintiff entered into a lease agreement with Defendant B to lease “Seoul Mapo-gu E-Ba 501 of 5 stories” (hereinafter “instant real estate”) owned by D (hereinafter “instant real estate”) with the term of lease from September 11, 2010 to September 10, 2012, the lease deposit amount of KRW 85,000,000 (hereinafter “instant lease agreement”), and paid KRW 8,500,000 on the same day to D.

At the time of the instant lease agreement, the Plaintiff confirmed the real estate registration register on the instant real estate, and Defendant B issued a description verifying the object of brokerage to the Plaintiff.

At the time of the conclusion of the instant lease agreement, the instant real estate was set at the order of priority on August 5, 2008, with the right to collateral security consisting of KRW 102,000,000 for a mortgagee of the right to collateral security and the maximum debt amount of KRW 102,00,000, and with the second priority on September 11, 2009, with the right to collateral security amounting to KRW 40,000 for a maximum debt amount of KRW 40,00,000, and D agreed to cancel the remainder

F On September 8, 2010, after the conclusion of the instant lease agreement, the F cancelled the registration of creation of a mortgage near the second order on September 8, 2010, and completed the registration of creation of a neighboring mortgage at KRW 40,000,000 again on September 13, 2010, which is after the remainder payment.

On the other hand, on August 20, 2010, the Yongsan Tax Office issued a disposition of seizure on the real estate of this case on the grounds of delinquency in the property tax of D, and on August 26, 2010, the registration of seizure was completed.

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