logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.10 2015가단5137193
손해배상(기)
Text

1. The Defendant’s KRW 35,073,078 as well as the Plaintiff’s annual rate of 5% from June 2, 2015 to August 10, 2016.

Reasons

1. Basic facts

A. On November 5, 2012, the Plaintiff entered into a lease agreement with the Defendant, a licensed real estate agent, to lease the entire three-story of the Seoul Special Metropolitan City, Gwanak-gu D (hereinafter “C”) to KRW 175,00,000, deposit for the entire three-story of the real estate.

(hereinafter “instant contract”). The Plaintiff paid the lease deposit to C, and received the third floor of the instant real estate, and completed the move-in report on December 20, 2012, and received the fixed date.

B. In the instant building, at least 19 households can reside in the instant building, excluding 3 floors leased by the Plaintiff, on each of the 1st, 1st, 1, 2nd and 2nd below, and 3rd and above leased by the Plaintiff.

The third floor of the instant real estate is residing by C.

The Plaintiff leased to the Plaintiff.

C. At the time of the instant contract, the registration of the establishment of a neighboring real estate was completed as follows, on the instant real estate (the land of the instant real estate was set as a joint collateral).

Priority Number 1: 280,000,000 Chonsegwon 2; 50,000,0000; and 65,000,000,000,0000 to the New Saemaul Bank of Korea, 395,000,000

D. At the time of the instant contract, the Defendant explained to the Plaintiff only the registration of the establishment of a mortgage and the right to lease on a deposit basis indicated in the register

Of the certificate of object of brokerage attached to the instant contract, there is no indication in the phrase “the actual relation of rights or the rights of objects that are not disclosed”.

E. On December 19, 2013, the auction procedure had been commenced upon the application for auction by the new forest community credit cooperative on the instant real estate and its site.

(F) In the above auction procedure, the real estate of this case and its site were sold in KRW 1,257,66,920, but were inspected once on October 14, 2014, and sold in KRW 1,152,001,00.

The Plaintiff received only KRW 104,853,845 out of the deposit 175,00,000,000 in the auction procedure, No. 18 of the dividend order.

A lessee who has applied for distribution in an auction procedure, except for the plaintiff.

arrow