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(영문) 서울중앙지방법원 2017.08.11 2015가단5303266
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 2013, the Plaintiff entered into a lease agreement between C and the Defendant, a licensed real estate agent, with respect to the lease deposit of KRW 31 million and KRW 106,000,000,000,000,000 from October 31, 2013 to October 30, 2015, and C repaid a loan of KRW 200,000,000,000,000,000 from October 31, 2013 (hereinafter “instant lease agreement”). On October 31, 2013, the Plaintiff resided in the instant real estate after remitting the lease deposit of KRW 31,00,00 to C and obtaining a fixed date of the lease agreement.

B. Around the time of the conclusion of the instant lease agreement, the instant real estate was registered as the establishment of a mortgage on March 27, 2006 with the maximum debt amount of 546,500,000,000 (the maximum debt amount of 546,000,000,000) of the Korea Fisheries Cooperatives, on March 31, 2008, with the establishment of a mortgage on March 31, 2008, with the maximum debt amount of 149,50,000,000 aggregate mortgage E-mortgage on August 30, 203, with the establishment of a mortgage on October 21, 2013, with the registration of the establishment of a mortgage on September 21, 201, the Seoul Small and Medium Business Corporation filed an application for prohibition of disposal of the said real estate as the fraudulent act; the creditor credit guarantee amount of 180,000,000 provisional attachment on September 11, 2013>

C. On January 9, 2014, upon the application of the said Fisheries Cooperatives, the auction procedure (Seoul Northern District Court G real estate auction) was initiated and progress with respect to the instant real estate, and on October 1, 2014, the Plaintiff, a small lessee, was the lessee of the instant real estate in the order of priority on October 23, 2014 in the said procedure.

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