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(영문) 대구지방법원 2016.11.04 2015가단116558
손해배상(기)등
Text

1. The Defendants’ respective Plaintiff KRW 12,803,598 and Defendant B with respect thereto from August 20, 2015.

Reasons

1. Basic facts

A. On October 4, 2013, the Plaintiff entered into a lease agreement for the lease deposit amounting to KRW 75 million and the lease period from October 26, 2013 to October 25, 2015 (hereinafter “instant lease agreement”) with respect to KRW 203, a multi-family house with the fourth floor E on the ground (hereinafter “the entire building of this case”) registered as D on the registry as a broker of the C Licensed Real Estate Agent Office operated by Defendant B (hereinafter “instant lease agreement”).

B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) issued a certificate of mutual aid from January 22, 2013 to January 21, 2014 in the future of the Defendant B and C Licensed Real Estate Agent Association’s Office.

C. On September 27, 2013, prior to the conclusion of the instant lease agreement, Defendant B mediated the conclusion of the lease agreement of KRW 60 million with respect to KRW 201,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

On the other hand, on September 17, 2013, the right to collateral security was established with respect to the entire building and its location of the instant building, the Daegu District Court rendered a voluntary auction procedure with respect to the entire building of this case to the Seo-gu District Court Branch G on the application of the Saemaul Depository, and around June 10, 2015, the entire building of this case was awarded to a third party in KRW 654,719,000.

E. During the distribution procedure conducted after July 8, 2015, KRW 75,00,000,000, total amount of priority lease deposit (the total amount of priority lease deposit is KRW 215,000,000, or KRW 40,000,00,000, whichever is earlier) with priority lease deposit, and the amount of claim on the collateral security of the Saemaul Bank and the amount of public imposts and the amount of claim on the collateral security of the Saemaul Bank and its half-month, followed by the Plaintiff’s subordinate lease deposit, KRW 23,784,170, whichever is earlier.

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