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(영문) 인천지방법원 2017.07.19 2015가단66327
손해배상(기)
Text

1. Defendant B’s KRW 50,000,000 as well as 5% per annum from November 12, 2015 to October 13, 2016 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition 1) Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”).

A. FA. FA. FA. FA. FA. hereinafter referred to as “FA”)

(2) From August 21, 2006, the Plaintiff entered into an insurance contract in order to secure damages arising from the performance of the registration duties with Hyundai Capital, and the Plaintiff received registration documents from Hyundai Capital to carry out the real estate title investigation and registration duties. (2) D (seller) sold FF underground 102 (hereinafter “instant real estate”) to E (Buyer) on November 15, 2013, the sales contract was concluded to sell KRW 105,00,000 for purchase price.

3) However, since the first real estate was a prior tenant, it was impossible to pay the loan to E. However, Defendant B, an unauthorized broker and an intermediary broker, promised to leave the prior tenant residing in the instant real estate. 4) The Plaintiff believed Defendant B’s above commitment, submitted the documents on the establishment registration of a collateral security to the Seoul Northern Branch of Property Office, i.e., the debtor E as to the instant real estate, and Hyundai Capital Capital, and deposit the entire amount of the loan except the bank repayment deposit in the account of the seller D’s account requested by the buyer.

5) However, on August 10, 2015, the lessee, who had the opposing power over the instant real estate on the date of distribution, was given priority in receiving KRW 50,00,000 from the date of distribution, and Hyundai Capital was paid KRW 5,524,220,00, in the lower order.

7 The Hyundai Capital, which is the right to collateral security, filed a claim with the FA for the amount of damages of KRW 50,000,000 due to the existence of the above prior lessee, which is the right to collateral security (FA) in accordance with Article 18 of the Convention.

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