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(영문) 청주지방법원 2016.01.27 2015가합394
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) D shall purchase the attached sheet land on November 6, 2012 and the same month;

8. After completing registration, the owner who completed registration of initial ownership on November 8, 2012 with respect to the attached list of land and buildings (hereinafter referred to as “instant land” and “instant building”) is the owner who completed registration of initial ownership.

B. The instant building is a structure that enables several households to independently reside, and thus separate transactions by each unit are carried out. However, separate registrations are in the form of multi-family houses without any separate registrations.

C. On February 26, 2013, the Plaintiff entered into a contract with D to lease KRW 401,00,000 as security deposit of KRW 115,00,000 from April 14, 2013 to April 13, 2015 (hereinafter “instant contract”), and received the said KRW 401 around that time, and obtained the fixed date on April 22, 2013.

The instant contract was concluded between C and the Plaintiff who represented D, and the Defendant, a real estate broker, mediated the said contract.

E. At the time of the conclusion of the instant contract, the registration of the establishment of a chonsegwon on November 8, 2012, at the time of the debtor D and the maximum debt amount of 325,000,000, was completed with respect to the instant building as to the registration of the establishment of a lease on a deposit basis for the deposit basis of KRW 33,00,000 on the remaining 24 square meters (No. 305) of the third floor of the instant building from December 16, 2012 to December 15, 2014, respectively.

F. After that, on October 8, 2014, the voluntary auction procedure had been initiated with F of this Court on the instant building and land at the request of E, a mortgagee, and on October 16, 2014, the voluntary auction procedure of this Court was overlapped on October 16, 2014 upon the request of E, a mortgagee.

(g) On September 8, 2015, the Plaintiff, the lessee having the fixed date on the date of distribution of the instant auction procedure, as the deposit amount of KRW 15 million.

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