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(영문) 서울중앙지방법원 2015.07.22 2014가단68769 (1)
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 May 2012, the Plaintiff entered into a sub-lease contract (hereinafter referred to as the “sub-lease contract of this case”) between B and H, a lessee of the instant real estate, with respect to the lease deposit of KRW 110,00,000, monthly rent of KRW 120,000, monthly rent of KRW 100,000, and the sublease period from May 29, 2012 to February 22, 2013, with the broker of Defendant B, 105, Dong 1901 (hereinafter “instant real estate”).

B. After that, on February 22, 2013, the Plaintiff entered into a lease agreement with F to increase the deposit amount of KRW 110,000,000 as to the instant real estate, monthly rent, and the lease term from February 23, 2013 to October 23, 2013 (8 months). After that, the Plaintiff entered into a lease agreement with F to increase the lease amount of KRW 10,00,000 among the lease deposit by April 23, 2013 (hereinafter “instant lease agreement”).

Meanwhile, at the time of the instant lease, the instant real estate was in the state of establishing the right to collateral security of the 850,000,000 won with the maximum debt at the time of the instant lease. The Plaintiff entered into the instant lease agreement with the knowledge that the said right to collateral security was established.

C. After that, the Plaintiff was refunded KRW 10,00,000 from F, and the instant lease agreement was renewed on October 23, 2013, which was the date of termination of the lease agreement. D. However, on February 4, 2014, the Jeonjuma Credit Union received a decision to voluntarily commence the auction of the instant real estate based on the foregoing collateral security. In the above auction procedure, the Plaintiff was awarded the instant real estate at KRW 59,99,99,99 on September 3, 2014, but the sale price did not reach the amount of the said collateral, and was not paid KRW 100,000,000 out of the lease deposit.

(e) the defendant.

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