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(영문) 서울중앙지방법원 2018.06.27 2018가단5023615
손해배상(기)
Text

1. The Defendants jointly pay KRW 13,198,705 to the Plaintiff.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On November 15, 2015, the Plaintiff: (a) concluded a lease agreement with the broker of Defendant C, a real estate broker office in the name of “F Licensed Real Estate Agent Office” in the Gu-gu, for the purpose of real estate brokerage on November 15, 2015; (b) on December 18, 2015, the deposit amount of KRW 55 million for J-ho from among Nonparty G and the first floor and the fifth floor above the ground (hereinafter referred to as “instant building”); and (c) from December 18, 2015 to December 18, 2017 (24 months); (d) concluded a lease agreement with the entire payment of the deposit; and (e) obtained a fixed date on December 21, 2015.

B. In mediating the lease of this case, Defendant C explained to the Plaintiff as to the sum of 170 million won (50 million won, 45 million won, 45 million won, 45 million won, 30 million won, 50 million won, and 50 million won) of each right to collateral security and security deposit of the maximum debt amount of 2.6 billion won (195 million won, 650 million won) as stated on the registry with respect to the building of this case, but did not specifically explain to the Plaintiff, on the other hand, that there are many monthly taxes for the lease existing in addition,

C. The first floor in the building register was the second-class neighborhood living facilities (general restaurants), second-class neighborhood living facilities (readers), fourth-class, and fifth-class neighborhood living facilities (wons). However, in fact, the entire building of this case was remodeled without permission of the competent government office, and was used as multi-family housing for the first to fifth-class. At the time of the lease of this case and thereafter, the current status of the lease of the building of this case was the same as the specification of the attached sale articles.

After the Plaintiff moved into the Republic of Korea on May 2016, K Voluntary Auction was conducted with respect to the instant building at the request of the mortgagee of the right to collateral security, and the instant building was awarded the sale price of KRW 4,7,36,66,00 in the auction procedure.

E. Since then open on September 27, 2017, the amount of KRW 4,721,746,419 to be actually distributed on the date of distribution shall be the top priority of 51 persons.

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