(영문) 대전지방법원 2020.06.11 2019가단121367

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(영문) 대전지방법원 2020.06.11 2019가단121367

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties concerned Defendant B is a licensed real estate agent who is delegated by the Plaintiff to arrange a lease agreement under subparagraph - of the multi-family house located in Daejeon-gu Seoul Special Metropolitan City (hereinafter “instant building”).

Defendant B entered into a mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Defendant C Association (hereinafter “Defendant Association”) from March 16, 2017 to March 15, 2018 in order to guarantee liability for damages arising from property damage to the parties to a transaction as a broker.

B. On August 28, 2017, the Plaintiff leased the instant building E from F to September 12, 2019, as the broker of Defendant B, for a period of KRW 60 million and the period from September 13, 2017 to September 12, 2019.

(hereinafter “The instant lease agreement”). At the time of the instant lease agreement, Defendant B issued a explanatory note verifying the object of brokerage to the Plaintiff. The explanatory note’s “matters of rights other than ownership” includes KRW 650 million of the maximum debt amount of the right to collateral security of the instant building and the G Union established on the instant site, and the “matters of the right to the object that is not actual relation of rights or publicly notified” states that “The amount of priority deposit: total of KRW 15 households and total of KRW 215 million (the amount shall be the aggregate amount of the lessor’s oral statement, and the contents of each household’s lease deposit and lease period shall be rejected by the lessor).”

Meanwhile, Defendant B notified the Plaintiff that the transaction price of the instant building was approximately KRW 1.3 billion.

C. On August 29, 2018, the instant building and its site, and the Daejeon Jung-gu H land and its ground building, the decision to voluntarily commence the auction procedure was made to the Daejeon District Court I on August 29, 2018, and the auction procedure was in progress.

(hereinafter “instant auction procedure”). In the instant auction procedure, the appraisal value of the instant building and its site is 1,369,738.

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