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(영문) 대전지방법원 2016.06.30 2015가단19862
손해배상(기)
Text

1. The Defendant: (a) KRW 35,00,000 and the Plaintiff’s KRW 20% per annum from July 1, 2015 to September 30, 2015; and (b).

Reasons

Facts of recognition

A. On July 23, 2011, the Plaintiff, as a broker of the Defendant, as a licensed real estate agent, paid the lease deposit amount of KRW 110 million to the 404 multi-family house D located in Seo-gu, Daejeon (hereinafter “instant building”) and KRW 304,00,000 from August 26, 201 to August 25, 201 (hereinafter “instant lease contract”), and paid KRW 10,000 to C as the lease deposit.

On August 29, 2011, the Plaintiff filed a move-in report of the instant building 404, and obtained a fixed date in the instant lease agreement.

B. The instant building is 17 households in total. At the time of the conclusion of the instant lease agreement, the instant building and its site constituted a maximum debt amount of 455 million won and a right to collateral security, which is a dry field, the mortgagee, the Saemaul Bank of Korea, was established.

C. The Defendant, while mediating the instant lease agreement, issued a description verifying the object of brokerage to the Plaintiff.

The phrase "matters of request for data on the state of the subject matter" in the description of confirmation of the subject matter of brokerage refers to "a confirmation of the present state with the lessee accompanying him/her," and the phrase "register" in the "rights relationship" includes the above collateral security of the Han field Saemaul Saemaul Depository, but the phrase "the matters of the right of the subject matter that has not been actually related to the relationship of rights or has not been publicly announced" is a blank.

On the other hand, the Han field Saemaul Depository applied for a voluntary auction on the instant building and its site to Daejeon District Court E, and the above court issued a voluntary auction decision on April 26, 2012.

As the amount of KRW 900,021,605 to be actually distributed in the above real estate rental auction case was distributed to the senior creditors as shown below, the Plaintiff did not have received any distribution of the lease deposit of the instant lease contract at all.

1F small lessee 1. 〃 17,00,00 G 17,000,000 for the dividend ranking creditor, 〃 1 〃 4 〃 1 〃 4 〃 1 〃 2 〃 2 〃 3 2,00 for the Seo-gu Daejeon Metropolitan City 2.

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