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(영문) 서울고등법원 2017.11.21 2017나2021778
손해배상 등
Text

1. Of the part against the plaintiffs and the defendants in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.

Reasons

1. Basic facts

A. Defendant D is real estate brokers running the F Licensed Real Estate Agent Office, and Defendant Korea Licensed Real Estate Agent Association is a mutual aid association organized by Defendant D.

B. On December 7, 2013, Plaintiff A entered into a lease agreement (as of December 11, 2013, 2013), with Defendant D’s brokerage, on which Plaintiff A leased KRW 302 of the multi-family house on the fourth floor of the instant multi-family house (hereinafter “instant multi-family house”) on the instant plot of land, e.g., the instant multi-family house at KRW 70 million (hereinafter “instant multi-family house”); and Plaintiff B entered into a lease agreement (as of November 27, 2013, 401 of the instant multi-family house (hereinafter “instant multi-family house”) between H and H as the broker of Defendant D on November 27, 2013, leasing KRW 70 million of the lease deposit (the date of confirmation).

(hereinafter “The entire real estate of this case Nos. 1 and 2” is each of the real estate of this case, and “a lease contract concluded as above with respect to each of the real estate of this case” is each of the instant lease contracts.

On the other hand, on June 5, 2014, the procedure of voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated with Suwon District Court L on the instant multi-family house. The Plaintiffs did not receive any distribution at all in the instant auction procedure.

The distribution schedule of Suwon District Court L case was determined as follows:

(Real Dividends: 70,711,779 won; 770,779. The creditor NFF Savings Bank P&D Vice Governor 1 (Reasons) and 2 (P&D pledgees of the National Health Insurance Corporation) 3 (the mortgagees of the neighboring mortgage) 4 (the mortgagees, public charges) 14,000,000,000 282,100,000 189,4153,209,755 remaining remaining 756,711,7928,71,796,61,61,61,779,61,796,61,61,42,364,3643,212,609, and Q&C 14 (the mortgagees, public charges) and 4 (the mortgagees, and the fixed date of distribution) and 243 (the remaining amount of dividends, 253 (the person holding the right to deliver taxes), 9453 (14).4)

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