(영문) 서울중앙지방법원 2020.07.06 2018가단5229376

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(영문) 서울중앙지방법원 2020.07.06 2018가단5229376

손해배상(기)

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1. Defendant B shall pay to the Plaintiff KRW 200,000,000 as well as 12% per annum from January 29, 2020 to the date of full payment.

Reasons

1. Basic facts

A. On September 7, 2015, the Plaintiff entered into a lease agreement with Defendant C, a licensed real estate agent, on the terms of the lease deposit amounting to KRW 200,00,000, and the term from September 22, 2015 to September 22, 2018 (hereinafter “instant lease agreement”) with respect to the instant leased housing owned by Defendant B and Defendant B (hereinafter “instant leased agreement”).

The Plaintiff obtained a fixed date on September 14, 2015 in the instant lease agreement.

B. 1) At the time of entering into the instant lease agreement, the instant housing and its site (hereinafter “instant housing, etc.”)

(1) The establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”) consisting of the maximum debt amount of 66,000,000 won, the debtor B, and the mortgagee F, and the establishment registration of a mortgage of this case (hereinafter

2) The establishment registration of a mortgage between the maximum debt amount and the maximum debt amount of KRW 28,00,000, the debtor G and the mortgagee Co., Ltd. (hereinafter “the establishment registration of a mortgage of the second class”).

(2) The phrase “matters of rights other than ownership” of the description for confirmation of the object of brokerage prepared and delivered by Defendant C to the Plaintiff includes the purport that the right to collateral security F, the obligor B, and G-mortgage is set up with the maximum debt amount of KRW 66,00,00.

3) The contract (Evidence No. 1, No. 3) of the instant lease agreement (Evidence No. 1, No. 3) [the column for special agreement] 4. The mortgage of KRW 228,00,00 established at H on the certified copy of the registry, shall be cancelled early, but the lessor shall be liable for all civil and criminal liability arising before the cancellation, and the lessee shall also agree with this.

At present, the Supreme Court stated that the maximum amount of 66,00,000 won is set up in F, and affixed a seal on the side of the above statement.

C. The Plaintiff’s instant case to Defendant B around July 26, 2018.

유사 판례

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