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1. The Plaintiff:
A. Defendant D shall pay 53,253,808 won and 15% per annum from November 1, 2017 to the date of full payment.
Reasons
A. Defendant D was concluded after the conclusion of a sales contract on the instant apartment and before the registration of ownership transfer. However, Defendant C, who arranged both the lessor and the lessee, knew that Defendant D would have been expected to borrow the said apartment as collateral because of the lack of purchase funds, and would have paid the purchase price. However, Defendant D would have to conclude a new lease contract with the purchaser after the removal from the instant apartment to the Plaintiff by changing the owner of the apartment.
However, Defendant C did not clearly explain to the Plaintiff what the legal meaning of the above horses is, that is, in the event that the moving-in report is again made after the moving-in report is made on the apartment of this case, that the Plaintiff lost opposing power and preferential right to reimbursement obtained on the apartment of this case, and instead, that the mortgagee who was granted the right to preferential reimbursement on the apartment of this case who was granted the right
* As such, the Plaintiff, while making a second lease contract with the mere belief of Defendant C’s horse and having continued to reside in the apartment of this case, was made a move-in report to the address of the real estate agent office of this case as recommended by Defendant C, and before making a move-in report to the address of the real estate agent of this case, Defendant D received the instant apartment as collateral and paid it as the purchase price.
* As Defendant D had failed to pay the principal and interest of the instant real estate to K, K applied for an auction of the said real estate. At the instant auction procedure, the Plaintiff demanded the distribution, but on August 19, 2015, due to the transfer from the instant apartment, only KRW 21,746,192 out of the deposit deposit 75 million, as the order of priority was maintained.
* According to the confirmation and explanatory note of the object of brokerage prepared at the time of concluding the second lease agreement, Defendant B and C shall be outside the ownership.