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(영문) 전주지방법원 2020.05.12 2019가단10646
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. The Defendant C Association (hereinafter “Defendant Association”) is an organization established as a member of the real estate broker and is a juristic person operating a mutual aid business to guarantee the transaction party’s property liability for damages incurred to the transaction party in the course of acting as a broker. Defendant B is a licensed real estate agent operating real estate brokerage business in the name of “E Licensed Real Estate Agent Office” in Kim Jeju-si, and is a member of the Defendant Association who entered into a mutual aid agreement with the Defendant Association for mutual aid on December 31, 2012 between the amount of mutual aid on January 20, 2013 and January 19, 2014.

B. On February 5, 2013, the Plaintiff entered into a lease agreement with Defendant B, as a broker of Defendant B, stipulating that I (I) out of the five-story G H-dong collective housing (hereinafter “I”) on the ground of Kim Jong-dong G, Kim Jong-si, the deposit amount of KRW 85 million, and the term of chonsegwon from February 15, 2013 to February 15, 2015 (hereinafter “instant lease agreement”) and paid KRW 8.5 million at the time of the contract deposit, and the remainder of KRW 76.5 million on February 15, 2013. On February 14, 2013, the Plaintiff completed the registration of the establishment of a right to lease on a deposit basis as above, and on June 9, 2016, the term of chonsegwon was registered until February 15, 2017.

C. At the time of the instant lease agreement, the Jeonju District Court Kim Jong-dong registry office, which was received on August 29, 2012, as the joint collateral, had completed the registration of creation of a collateral (hereinafter “instant collateral”) with the maximum debt amount of KRW 715 billion, the debtor limited liability company, and the J-mortgage Co., Ltd. (hereinafter “instant collateral security”). On June 28, 2013, the maximum debt amount of the instant collateral security was changed to KRW 390 million.

On April 1, 2019, the voluntary auction procedure (the Jeonju District Court K; hereinafter “instant auction procedure”) was commenced on April 1, 2019, and on February 14, 2020, the Korea Asset Management Corporation, the successor to the instant right to collateral security, was the Korea Asset Management Corporation, the successor to the instant right to collateral security, and KRW 172,75,372, based on the instant right to collateral security.

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