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(영문) 서울중앙지방법원 2015.07.16 2014가단144175
손해배상(기)
Text

1. The Defendants jointly share KRW 17,976,954 with respect to the Plaintiff and Defendant B with respect thereto from December 26, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is the lessee who leased the entire section for exclusive use of the apartment house for the second floor of Guro-gu Seoul Metropolitan Government (hereinafter “instant building”). Defendant B is a licensed real estate agent who has arranged the said lease contract, and Defendant Korea Licensed Real Estate Agent Association (hereinafter “Defendant Association”) entered into a mutual aid agreement with Defendant B with the Association of the parties to the transaction regarding the act of real estate brokerage in compensation for damage to the Plaintiff.

B. On September 2, 2009, the Plaintiff concluded a lease agreement with Defendant B to pay the remainder KRW 45 million on September 30, 2009, setting the deposit amount of KRW 50 million for the instant building and the contract period from September 30, 2009 to September 29, 201. However, the Plaintiff concluded a lease agreement to pay the remainder KRW 5 million on the date of the contract, and to pay the remainder KRW 45 million on September 30, 2009.

(hereinafter “instant lease agreement”). C.

At the time of the conclusion of the instant lease agreement, the instant building and the instant site had been set up the right to collateral security, which amounts to KRW 31,200,000 for the bank, the maximum debt amount, the mortgagee E, the maximum debt amount, and the maximum debt amount of KRW 36,00,000, and there had already been the prior lessee F and G with the fixed date.

The Plaintiff paid the remainder of KRW 45 million under the instant lease agreement on September 30, 2009, and completed the move-in report to the rooftop bank of the instant building on October 1, 2009, and received the fixed date under the instant lease agreement on the same day.

E. On September 23, 2009, after the conclusion of the instant lease agreement, the said D created a registration of creation of the right to collateral security, which is one of the right to collateral security holders H and the maximum debt amount of 70,000,000 with respect to the instant building. On the other hand, with respect to the said building site, the registration of creation of the right to collateral security, which is one of the right to collateral security holders H and the maximum debt amount of 50,000,000, was completed, and on October 1, 2009, the registration of creation

F. However, Defendant B is the Plaintiff at the time of the instant lease agreement.

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