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(영문) 서울중앙지방법원 2017.04.27 2016가단5137008
손해배상(기)
Text

1. All of the plaintiff's claims are 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 the “D Licensed Real Estate Agent Office,” and Defendant C is a licensed real estate agent operating the “E Licensed Real Estate Agent Office,” respectively, entered into a mutual aid agreement with the Defendant Korean Licensed Real Estate Agent Association within the limit of KRW 100 million with respect to the liability for damages that the said Defendants are liable to a third party due to the

B. On July 29, 2003, the Plaintiff entered into a lease agreement between Defendant B and C, as a broker of Defendant B and C, with respect to KRW 303 out of the multi-family house in the wife population G in the F-si, the deposit amount of KRW 70 million, and the period from August 16, 2013 to August 15, 2015, and paid all the said deposit to F around that time.

C. At the time of the above lease, the above multi-family house was completed with the registration of creation of a right to lease on a deposit basis of each of the maximum debt amount of 387.6 million won in the Bank of Korea, the maximum debt amount of 24 million won in the Korea Technology Credit Guarantee Fund, and the registration of creation of a right to lease on a deposit basis of H’s deposit amount of 70 million won in each of the registered mortgages. The aforementioned multi-family house was leased before the Plaintiff (302, deposit amount of 60 million won), J (203, 60 million won), K (202, deposit amount of 70 million won), and K (202, deposit amount of 70 million won). However, at the time of the above lease, Defendant B and C did not state only the above collateral and the right to lease on a deposit basis as to the lessee.

Since July 10, 2014, the above multi-family house had been voluntarily auctioned in Suwon District Court L, and the above multi-family house was appraised in KRW 1,050,792,200 and sold in KRW 958,880,00.

In addition, on January 19, 2016, the above court drafted a distribution schedule as follows on the date of distribution, and accordingly, the Plaintiff did not receive only KRW 15,818,300 out of the above lease deposit.

1 1 1 1 1 11 creditor-si (the tax in question) M (the small lessee) N (the small lessee) Specialized in the Fourth Asset-backed Securitization Co., Ltd.

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