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(영문) 서울중앙지방법원 2016.10.05 2016가단5047464
손해배상(기)
Text

1. The Defendants jointly share KRW 14,000,000 with respect to the Plaintiff and 5% per annum from July 25, 2016 to October 5, 2016.

Reasons

1. Basic facts

A. On January 17, 2015, the Plaintiff, a practicing licensed real estate agent operating the C Licensed Real Estate Agent Office, leased (hereinafter “instant lease agreement”) approximately KRW 55 million for the leased deposit, and between February 27, 2015 and February 26, 2017, the lease period of KRW 201 (hereinafter “instant multi-family house”) with the broker of Defendant B, who is a practicing licensed real estate agent operating the C Licensed Real Estate Agent Office, KRW 201 (hereinafter “instant multi-family house”) on the third floor E on the ground of Goyang-dong, Yongsan-gu, Busan Metropolitan City (hereinafter “instant multi-family house”), and the same year.

2. To pay all the above lease deposit to D up to 27.2, after delivery of 201 of the multi-family house in this case, the same year.

3.3. Completion of a move-in report;

9. 10. The fixed date of the lease contract was obtained;

B. At the time of the conclusion of the instant lease agreement, Defendant B explained to the Plaintiff that the right to collateral security of KRW 360,000,000 for the instant multi-family house was established in the future of the relevant bank, the maximum debt amount of KRW 360,000,000, and that the prior lessee’s deposit amount was the aggregate

C. As to the instant multi-family house on August 28, 2015, there was a decision to voluntarily commence the auction with the Jung-gu District Court Goyang SupportF on the application of the Bank of Korea on August 28, 2015, and accordingly, on February 18, 2016, the date of distribution was 865,170,000 won, which was the sum of the sales proceeds of the instant multi-family house and its interest, deducted the execution expenses from the money actually distributed, and the Plaintiff, KRW 340,534,70 won, and KRW 340,534,705, to the transferee of the Bank of Korea, a stock company, the mortgagee, the Plaintiff, and KRW 1,13,437, the remainder, and KRW 35,000 out of the lease deposit of this case, were distributed to the delivery authority as shown in the attached Form.

D There is no particular property up to now, and the Plaintiff did not refund KRW 35,000,000,000, which was not paid to the Plaintiff, out of the lease deposit under the instant lease agreement, and there is no ability to repay.

E. Defendant B is between Defendant B and the Korean Licensed Real Estate Agent Association on December 16, 2014.

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